Lease Agreement (WA) | Lease v Licence
What is a lease agreement (WA)?
A lease is a special kind of contract. It is between an owner of land and another person who uses the land for a purpose over time. We call the owner a ‘landlord’. We call the other person a ‘tenant’. In the past we called the landlord the ‘lessor’ and the other person the ‘lessee’. These days, we regard such terms as old fashioned.
What are the types of lease agreement (WA)?
It could be a lease of vacant land for a hardstand. It could be a ground lease where the tenant constructs a building on the land. Or it could be a lease at the bottom of a mixed use strata complex.
Lease v Licence
What is the difference between a lease agreement and a licence? A lease grants ‘exclusive possession’. This means only the tenant can use the site. The tenant has a right to exclude any other person. This includes the landlord.
A licence is not exclusive. Other people can move across the site. The tenant cannot exclude them. For instance, this may be for a car park, a phone tower or even a reception area.
What types of lease agreements do we help with?
We help with commercial leases. This is our main focus. By focusing on leasing, we can give you a lease that is up to date with laws and trends.
If you need a lease, please contact us.