Buying or Selling in ACT, NSW, or QLD?
We offer a fixed-fee conveyancing service which ensures you know your conveyancing fees upfront, helping you make informed decisions with no hidden costs.
We understand that buying, selling, or transferring property can feel overwhelming, which is why we’re here to make the process as smooth as possible. Our experienced conveyancing team is dedicated to ensuring every step of your property transaction is handled with care and professionalism.
We work closely with real estate agents, mortgage brokers, and all involved parties to make sure everything runs seamlessly.
We complete transactions within the NSW, ACT, and QLD areas, including residential and commercial transactions, off-the-plan and strata developments, put and call deeds, Minister Consent transactions, rural transactions, Transfer of property, change of name and Notice of Death.
Conveyancing Process
How we can support you
The conveyancing process involves several key steps to ensure your property transaction proceeds smoothly. Our conveyancing team guides you through each stage, ensuring every detail is handled with professionalism and care.
1. Initial Consultation
We start with a consultation to understand your specific needs and explain the conveyancing process in detail. This allows us to tailor our services to your unique situation, whether you’re buying, selling, or transferring property ownership.
2. Contract Review
Once you decide to proceed, your conveyancer will carefully review the contract of sale. We ensure compliance with NSW, ACT, and QLD property law and local council regulations, protecting your interests and identifying any potential risks.
3. Searches and Reports
To safeguard your investment, we assist you through the process of obtaining searches, including building reports, strata reports, and any relevant council checks. These searches help identify any issues with the property that may impact your decision or the transaction.
4. Negotiation
We liaise with real estate agents, mortgage brokers, and other parties involved to negotiate favourable terms on your behalf.
5. Exchange
At this stage, all due diligence has been completed, and we are now ready to exchange contracts which will bind you to the contract and your home is officially sold.
6. Finalising the Sale
As the settlement date approaches, we manage all legal paperwork and financial aspects. This includes ensuring the proper handling of shortfall funds, stamp duty, and any other necessary payments, so you’re fully prepared for settlement.
Settlement
On the day of settlement, we ensure that everything proceeds smoothly. We oversee the transfer of ownership, confirm all legal documents are in order, and ensure the property is transferred into your name seamlessly.
Residential Leases: A Guide for Landlords and Tenants
Leases are a fundamental part of residential and commercial property law in Australia. If you’re renting out property or leasing a space in New South Wales (NSW) or the Australian Capital Territory (ACT), it’s important to understand your rights and responsibilities under local tenancy laws.
While both jurisdictions share common legal principles, there are key differences in how leases are regulated in NSW and the ACT. This guide outlines the essentials you need to know.
What Is a Lease?
A lease (or tenancy agreement) is a legally binding contract between a landlord (lessor) and a tenant (lessee), granting the tenant the right to occupy a property for a specified period in exchange for rent.
Leases can be:
- Residential, for homes and apartments, or
- Commercial, for shops, offices, and industrial properties.
Leases may be fixed-term (e.g., 6 or 12 months) or periodic/rolling, continuing until either party gives notice.
Residential Leases in NSW and ACT
NSW – Governed by the Residential Tenancies Act 2010
Key Features:
Rent increases during a fixed-term lease of less than 2 years must be specified in the lease.
Standard form lease agreements are mandatory for most residential tenancies.
A condition report must be completed at the start and end of the lease.
Tenants must be given a copy of the “New tenant checklist” from NSW Fair Trading.
Bond (typically 4 weeks’ rent) must be lodged with the NSW Rental Bond Board.
Notice Periods:
- End of fixed-term: 30 days
- No reason (periodic lease): 90 days
- Breach of lease: 14 days (if unremedied)
ACT – Governed by the Residential Tenancies Act 1997
Key Features:
- Prescribed tenancy agreements must be used, including mandatory terms that cannot be altered.
- Tenants must receive a copy of the lease and a condition report.
- Bonds are capped at 4 weeks’ rent and must be lodged with the ACT Revenue Office.
- Rent can only be increased once every 12 months and must follow CPI unless otherwise agreed.
Notice Periods:
- Breach of lease: 14 days (if breach is not remedied)
- End of fixed-term: 3 weeks
- No reason (periodic lease): 26 weeks
“The team made buying our first home seamless and stress-free. Everything was handled efficiently.”
Commercial Leases in NSW and ACT
Legal Framework
Both NSW and ACT commercial leases are governed by common law principles and legislation.
The Retail Leases Act 1994 (NSW) and the Leases (Commercial and Retail) Act 2001 (ACT) apply to many retail leases.
Common Requirements:
- A written lease is generally required for retail premises.
- Disclosure statements must be provided before signing.
- Tenants have minimum 5-year tenure in retail leases (unless validly waived).
- Outgoings and fit-out costs should be clearly specified.
Key Differences:
- In NSW, landlords must provide a disclosure statement 7 days before lease execution.
- In ACT, the disclosure must include a proposed lease and be provided at least 14 days prior.
Ending a Lease
Termination by Agreement:
Leases can be ended early if both parties agree in writing.
Breach of Lease:
Failure to pay rent or other breaches can lead to termination after proper notice and procedures.
Early Termination (Tenant):
In both jurisdictions, tenants may break a lease but may be liable for break fees or compensation unless there’s a statutory right (e.g., domestic violence circumstances).
Legal Advice and Dispute Resolution
Disputes about leases—such as bond refunds, rent arrears, or repairs—can often be resolved through the local tribunal:
- NSW Civil and Administrative Tribunal (NCAT)
- ACT Civil and Administrative Tribunal (ACAT)
Both tenants and landlords are encouraged to seek legal advice before entering into a lease or if a dispute arises. Legal guidance can help clarify obligations, avoid costly mistakes, and ensure your rights are protected.
Leasing property in NSW and the ACT involves a range of legal obligations that vary slightly between jurisdictions. Whether you’re a landlord or tenant, understanding the relevant legislation and processes will help you manage your lease confidently and lawfully.
Meet With Trusted Property Law Experts
For tailored advice or assistance with drafting or reviewing lease agreements, contact our experienced property law team today.