Transparent Fees

Obtain an instant fee quote for acting on your behalf in consenting to a lease assignment using our online quote calculator or see our fees schedule below:

Acting for the Lessor in considering and documenting its consent to the Lessee’s assignment of Lease, including the satisfaction of the consent conditions


(Note: the Lessee is nearly always responsible to pay this fee under the terms of the Lease)

Included

  • Taking your instructions regarding the terms the proposed assignment;
  • Advice regarding the assignment requirements under the Lease, including the minimum criteria that the proposed assignee must meet;
  • Preparation of the Deed of Consent to Assignment of Lease;
  • Arranging execution of the Deed of Consent to Assignment of Lease; and
  • Liaising with the parties to finalise the conditions of consent, including without limitation replacement security, review of the Transfer, payments and review of insurance certificates.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • Amendments to the Lease (if applicable);
  • Negotiations between the parties regarding the granting of consent;
  • Negotiations between the parties to the terms of the Deed of Consent to Assignment of Lease (see separate category for negotiations to the Deed);
  • Preparation of the Lessor Disclosure Statement for a retail lease (see separate category for Lessor Disclosure Statement); or
  • Obtaining the Lessor’s bank’s consent or any other third party consent to the assignment (see separate category for bank consent).

Drafting the Lessor Disclosure Statement (if retail)


Included

  • Taking your instructions regarding the information to be included in the Lessor Disclosure Statement;
  • Drafting the Lessor Disclosure Statement; and
  • Issuing the signed Lessor Disclosure Statement to the Assignee.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • Calculating outgoings estimates.

Negotiations


10 or less requested changes: $350 plus GST per round of negotiations

or

For more than 10 requested changes: $350 plus GST per 10 block of changes per round of negotiations.

Example: Advising on and responding to 18 changes requested by the Lessee in one round would be $700 plus GST

Included

  • Advising on the effect and any risks of each item in negotiation;
  • Recommendations and any other options of comprise;
  • Taking your instructions as to whether or not you agree to each item in negotiation;
  • Responding to the Assignor and Assignee in respect of each item; and
  • Drafting amendments to the Deed of Consent to incorporate the  agreed amendments – except if the amendment relates to drafting a new clause rather than amending an existing clause.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • Drafting new special clauses that result from the negotiations other than amendments to existing clauses;
  • The fee block relates to amendments in a single round of negotiations. For multiple rounds of negotiations, the fee block will relate to each round;
  • If amendments are drafted to the Deed and the Lessee requests further amendments to the wording, this is a further requested amendment by the Lessee.

Obtaining mortgagee consent to the Lease


Included

  • Drafting the application to your mortgagee for consent to the assignment along with the Form 18 Consent document;
  • Liaising with your mortgagee to facilitate obtaining consent; and
  • Reviewing and advising you on the mortgagee’s Deed of Entry document in the event that the mortgagee requires this be signed.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • Note that your mortgagee may charge you a fee to consider your application for mortgagee consent, commonly in the range of $150 – $300. The Lease may allow you to pass on this cost to the Lessee; or
  • Negotiations to any Deed of Entry from your mortgagee (if applicable).

Acting for the Lessee in assigning and documenting the assignment of Lease


Included

  • Reviewing the Lease terms regarding the assignment requirements and advice to you regarding same;
  • Requesting the relevant assignment information from the Assignee;
  • Facilitating applying to the Lessor for consent to the assignment of Lease;
  • If retail, preparing the Assignor Disclosure Statement;
  • Reviewing the Deed of Consent to Assignment of Lease and advice to you regarding the terms of same;
  • Liaising with the parties to ensure all conditions to the assignment are finalised in order for the parties to proceed to settlement; and
  • Answering any queries you may have regarding the assignment.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • Amendments to the Lease (if applicable);
  • Negotiations between the parties regarding the granting of consent; or
  • Negotiations between the parties to the terms of the Deed of Consent to Assignment of Lease (see separate category for negotiations).

Negotiations


10 or less requested changes: $350 plus GST per round of negotiations

or

For more than 10 requested changes: $350 plus GST per 10 block of changes per round of negotiations.

Example: Requesting 18 changes in one round would be $700 plus GST

Included

  • Taking your instructions as to the specific amendments you require;
  • Writing/emailing the Lessor’s solicitor requesting the amendments to the Deed of Consent to Assignment of Lease and the basis for the amendments; and
  • Upon receiving the Lessor’s response, advising you in respect of same.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • The fee block relates to amendments in a single round of negotiations. If upon receiving the Lessor’s response to changes you require further changes be requested, this is a further round of negotiations with a separate fee block; and
  • Incorporating agreed amendments into the Deed (note that this is typically done by the Lessor).

Acting for the Assignee in obtaining an assignment of the Lease and satisfying all pre-conditions to in-principle and final consent from the Lessor


Included

  • Reviewing the Lease terms;
  • Advice regarding the key commercial terms (eg. rent, term etc.) and terms we identify as unusual or onerous to you and the conditions for assignment;
  • Working with you to obtain the relevant information and documents to apply to the Lessor for consent to the assignment;
  • Reviewing the Deed of Consent to Assignment of Lease and advice to you regarding the terms of same;
  • Liaising with the parties to ensure all conditions to the assignment are finalised in order for the parties to proceed to settlement; and
  • Drafting the Form 1 Transfer (if the Lease is registered);
  • Answering any queries you may have regarding the Lease, Deed or assignment;
  • Registration of the Form 1 Transfer following settlement and provision of the Registration Confirmation Statement to all parties.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • Amendments to the Lease (if applicable);
  • Negotiations between the parties regarding the granting of consent; or
  • Negotiations between the parties to the terms of the Deed of Consent to Assignment of Lease (see separate category); or
  • For retail leases, the preparation of Assignee Advice Report, Legal Advice Report and Financial Advice Report (see separate category).

For retail leases – preparation


Preparation for:

  1. Assignee Disclosure Statement;
  2. Legal Advice Report;
  3. Financial Advice Report.

Included

  • Preparing the Assignee Disclosure Statement, Legal Advice Report and Financial Advice Report in compliance with the Retail Shop Leases Act (Qld) and advice to you regarding the effect of same;
  • Signing the Legal Advice Report to attest that we have advised you on the Lease (note: advice from the part above must be given before we can legally sign this document);
  • Providing an explanation and instructions for your accountant to sign the Financial Advice Report (for you to provide to your accountant).

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • Advice regarding the Lease itself – this is dealt with separately in the category above;
  • Liaising with your accountant regarding the Financial Advice Report. We will provide you with an explanation and instructions for your accountant and then you are to liaise with your accountant to receive the requisite financial advice and for the accountant to sign the Legal Advice Report.

Negotiating amendments


10 or less requested changes: $350 plus GST per round of negotiations

or

For more than 10 requested changes: $350 plus GST per 10 block of changes per round of negotiations.

Example: Requesting 18 changes in one round would be $700 plus GST

Included

  • Taking your instructions as to the specific amendments you require;
  • Writing/emailing the Lessor’s solicitor requesting the amendments to the Deed of Consent to Assignment of Lease and the basis for the amendments; and
  • Upon receiving the Lessor’s response, advising you in respect of same.

** A service fee of 1.75% of professional fees is in addition to these fees.

Not Included

  • The fee block relates to amendments in a single round of negotiations. If upon receiving the Lessor’s response to changes you require further changes be requested, this is a further round of negotiations with a separate fee block; and
  • Incorporating agreed amendments into the Deed (note that this is typically done by the Lessor).

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