Commercial & Retail Leasing
Property Law
Key Takeaway
We provide comprehensive leasing advice for landlords, tenants, and investors across all types of commercial and retail premises in Queensland.
We provide comprehensive leasing advice for landlords, tenants, and investors across all types of commercial and retail premises in Queensland. Our team negotiates, reviews, and prepares lease agreements that protect your interests and comply with the Retail Shop Leases Act 1994 and other applicable legislation governing commercial leases.
Commercial and retail leasing requires careful attention to both contractual terms and statutory obligations. Whether you are leasing office space, a retail shop, a warehouse, or a hospitality venue, our solicitors ensure your lease reflects the commercial deal while complying with mandatory legislative requirements and providing appropriate protections for your circumstances.
Retail Shop Leases Act Compliance
The Retail Shop Leases Act 1994 (Qld) imposes specific obligations on landlords of retail shops, including the provision of a disclosure statement before the lease is entered into, minimum lease terms of five years (with exceptions), and restrictions on recovery of certain outgoings. Non-compliance can result in significant penalties and may affect the enforceability of the lease. We ensure disclosure statements are properly prepared, lease terms comply with statutory minima, and outgoing provisions are calculated in accordance with the legislation. For tenants, we review disclosure statements to identify hidden costs and negotiate more favourable terms.
Lease Negotiation & Key Terms
Beyond statutory compliance, a well-negotiated lease addresses commercial terms such as rent reviews (fixed, CPI, or market), outgoings (which costs are recoverable and how they are apportioned), make-good obligations (the extent to which premises must be restored at lease end), and assignment or subletting rights. We also negotiate incentive packages such as rent-free periods, fit-out contributions, and graduated rent schedules. Each term has significant financial implications over the life of the lease, and our role is to ensure you understand and optimise these provisions in your particular circumstances.
Leasing Disputes & Resolution
Leasing disputes can arise from rent review methodologies, outgoings calculations, make-good obligations, or alleged breaches of lease terms. The Retail Shop Leases Act provides for mediation through the Office of the Small Business Commissioner before litigation can commence. If mediation is unsuccessful, disputes may be heard by QCAT or the Queensland Civil and Administrative Tribunal. We represent landlords and tenants in lease disputes, from negotiation and mediation through to tribunal and court proceedings, and also advise on options for early termination, surrender, and damages claims.
Commercial & Retail Leasing FAQs (Queensland Law)
How does the Retail Shop Leases Act 1994 (Qld) apply?
At our firm, the Retail Shop Leases Act 1994 (Qld) regulates retail shop leases in Queensland. It requires landlords to provide a disclosure statement before the lease is entered into, imposes minimum 5-year lease terms (with exceptions), and restricts recovery of certain outgoings.
What disclosure statements are required for retail leases?
At our firm, the landlord must give the tenant a Lessor Disclosure Statement before the lease is signed, detailing outgoings, incentives, and key terms. The tenant must provide a Tenant Disclosure Statement. Failure to provide proper disclosure may affect the leases enforceability.
How do rent review mechanisms work in Queensland retail leases?
At our firm, rent reviews can be fixed (set percentage increases), CPI-based (linked to consumer price index), or market reviews (to current market rent). The Retail Shop Leases Act restricts how often reviews can occur and provides mechanisms for disputing market reviews.
Can I assign or sublet my commercial lease in Queensland?
At our firm, assignment requires the landlords consent, which cannot be unreasonably withheld. The landlord may require the assignee to provide a bank guarantee or personal guarantee. Subletting also requires consent. Both assignment and subletting must comply with lease terms.
How is a leasing dispute resolved at QCAT?
At our firm, retail lease disputes may be mediated through the Office of the Small Business Commissioner before litigation. Unresolved disputes can be heard by QCAT. QCAT can make orders for compensation, rectification, or termination of the lease.
Commercial & Retail Leasing Services
- Lease preparation and review for commercial, retail, and industrial premises
- Retail Shop Leases Act compliance including disclosure statements
- Negotiation of rent, outgoings, incentives, and make-good obligations
- Lease assignments, subleases, and lease variations
- Option to renew and lease extension documentation
- Bank guarantee and security deposit arrangements
- Landlord and tenant dispute resolution including QCAT proceedings
- Relocatable dwelling and manufactured home park leasing
- Licence agreements for shared spaces and temporary arrangements
- Lease due diligence for purchasers of leased properties
- Surrender of lease and early termination negotiations
- Indemnities, guarantees, and security for lease obligations
Last updated: July 2026
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