Transparent Fees

Drafting the Deed of Extension or Form 13 Amendment


Included

  • Advice regarding whether a Deed of Extension or Form 13 Amendment should be used to record the Lease extension;
  • Taking your instructions regarding the terms to be included in the Deed of Extension or Form 13 Amendment;
  • Drafting the Deed of Extension or Form 13 Amendment;
  • Answering any queries you may have regarding the Deed of Extension or Form 13 Amendment;
  • Issuing the Deed of Extension or Form 13 Amendment to both you and the Lessee with signing instructions;
  • Advice on obtaining the consent of your bank, if necessary (if upon such advice you wish to proceed to do this, please note our separate fee category for mortgagee consent and Lease registration); and
  • Registration of the Form 13 Amendment at the Titles Office.

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

Not Included

  • Negotiating or advising on the terms of any Letter of Offer;
  • Negotiations between the Lessor and Lessee regarding the terms (see separate category for negotiations); or
  • Obtaining the Lessor’s bank’s consent or any other consent to the Deed of Extension or Form 13 Amendment (see separate category for bank consent).

Negotiations to the Form 13 Amendment or Deed of Extension with the Lessee (10 or less requested changes)


Example: Advising on and responding to 18 changes requested by the Lessee in one round would be $700 plus GST (Being $350 plus GST x2)

Included

  • Advising on the effect and any risks of each amendment requested by the Lessee;
  • Recommendations regarding the requested amendment and any other options of comprise;
  • Taking your instructions as to whether or not you agree to each amendment;
  • Responding to the Lessee in respect of each requested amendment; and
  • Drafting amendments to the Deed of Extension or Form 13 Amendment to incorporate 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 documents and the Lessee requests further amendments to the wording, this is a further requested amendment by the Lessee.

Negotiations to the Form 13 Amendment or Deed of Extension with the Lessee (For more than 10 requested changes)


Example: Advising on and responding to 18 changes requested by the Lessee in one round would be $700 plus GST (being $350 plus GST x2)

Included

  • Advising on the effect and any risks of each amendment requested by the Lessee;
  • Recommendations regarding the requested amendment and any other options of comprise;
  • Taking your instructions as to whether or not you agree to each amendment;
  • Responding to the Lessee in respect of each requested amendment; and
  • Drafting amendments to the Deed of Extension or Form 13 Amendment to incorporate 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 documents 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 Deed of Extension or Form 13 Amendment 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).

Reviewing the Deed of Extension or Form 13 Amendment and verbal advice


Included

  • Reviewing the terms of the Deed of Extension or Form 13 Amendment;
  • Advice regarding the commercial terms and terms we identify as unusual or onerous to you along with recommendations regarding same;
  • Answering any queries you may have regarding the Deed of Extension or Form 13 Amendment; and
  • In respect of the Form 13 Amendment, facilitating registration at the Titles Office.

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

Not Included

  • Written advice (if written advice is preferred, see separate category);
  • Negotiations to the terms of the Deed of Extension or Form 13 Amendment (see separate category for negotiations);
  • Advice regarding any Letter of Offer the parties have previously signed.

Negotiating amendments to the Deed of Extension or Form 13 Amendment with the Lessor (10 or less requested changes)


Example: Requesting 18 changes in one round would be $700 plus GST (being $350 plus GST x2)

Included

  • Taking your instructions as to the specific amendments you require;
  • Writing/emailing the Lessor’s solicitor requesting the amendments to the 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 of Extension or Form 13 Amendment (note that this is typically done by the Lessor).

Negotiating amendments to the Deed of Extension or Form 13 Amendment with the Lessor (For more than 10 requested changes)


Example: Requesting 18 changes in one round would be $700 plus GST (being $350 plus GST x2)

Included

  • Taking your instructions as to the specific amendments you require;
  • Writing/emailing the Lessor’s solicitor requesting the amendments to the 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 of Extension or Form 13 Amendment (note that this is typically done by the Lessor).

Have a leasing enquiry?
Get in touch with our expert leasing lawyers

* We will get back to you within 1-2 business days.

©2019 Copyright MacDonnells Law. All rights reserved.