Leasing and Property Law

A lease should support the way you do business.

A commercial or retail lease sets out the terms on which a business occupies premises, including rent, permitted use and each party’s responsibilities. An experienced solicitor can prepare or review the lease and explain renewal rights, guarantees, repairs and end-of-lease obligations, helping landlords and tenants identify risks before committing.

Send the proposed lease, agreement for lease, offer or heads of agreement and any signing deadline. Early advice gives you room to understand the commitments, raise questions and negotiate before the terms become binding.

The costs and obligations throughout the lease.

The term, renewal options, rent reviews and outgoings all affect the cost of occupation. The lease should also be considered for permitted use, fit-out and approvals, repairs and maintenance, insurance, access, signage, security, personal guarantees and what happens if the premises cannot be used.

Obligations to repair or restore the premises at the end of the lease (make-good), relocation or demolition clauses and the consequences of default deserve attention too. We explain the legal effect of the terms and discuss the changes you may wish to seek. Building, planning, tax and financial advice may need separate specialist input.

Retail shop lease? Check the extra requirements.

Some Queensland leases fall within the Retail Shop Leases Act 1994. The classification depends on the premises, use and statutory requirements; a commercial label does not settle the question. Where the Act applies, disclosure and other protections can affect the process.

The required documents, timing and any legal or financial advice reports need to be checked for the actual parties and transaction. Tell us about the premises, business and any other leases you hold so we can assess the legal requirements rather than assume every lease follows the same path.

Queensland Government: retail shop leases →

For tenants and landlords.

Tenants need to understand what they can do with the premises, the costs they are taking on and the options for their next chapter. Landlords need clear terms about rent, security, maintenance, use and the return of the premises. We can discuss drafting, review and negotiation work appropriate to your side of the transaction.

We check availability and conflicts before accepting instructions. Acting for one party does not mean we can advise the other party in the same transaction.

Renewing, assigning or bringing a lease to an end?

A change in your business can bring a change in the lease. An assignment, renewal, variation or surrender may require consent, disclosure, new security or formal documentation. Selling the business does not automatically release a tenant or guarantor from their obligations.

Bring the existing lease, variations, notices and any proposed sale or transfer documents. Please flag approaching option, notice or completion dates early. We can identify the legal work and agree what is included before you proceed.

What you can expect from us.

We explain the terms that matter to your premises and business, discuss your questions and identify proposed changes. We can then assist with the negotiations and signing steps included in the work we agree to do.

Your quote will identify the work, GST and outlays. Detailed negotiations, registration, assignment documents or related business work may need a separate agreement about the additional work. Timing also depends on the documents and the other party.

Documents for your lease enquiry.

Useful starting documents include the proposed or existing lease, disclosure statements, plans, heads of agreement, variations and relevant notices. Tell us the parties and entities involved, intended use, proposed term and rent, fit-out arrangements and any important dates.

A brief enquiry is enough to start the conversation. We can arrange document delivery after checking availability and conflicts.

Let’s discuss your lease →