Commercial Leasing

You need to consider the following:

1. The term of the lease including any options to renew and rent reviews;
2. Security to be provided such as personal guarantees required;
3. Rights of assignment and terms of any assignment;
4. Insurance;
5. Outgoings and whether the lease is a gross lease or net lease.

Under the Retail Shop Leases Act, a retail shop means premises that are—

1. situated in a retail shopping centre; or
2. used wholly or predominantly for the carrying on of 1 or more retail businesses.

A retail business is one that is prescribed by legislation as a retail business. There is an extensive list of such businesses set out in the relevant legislation.

There is specific legislation that dictates a lot of matters that relate to retail shop leases in Queensland. We can assist you whether as landlord or tenant in making sure you meet your legislative responsibilities. As a landlord, we will assist you in the preparation of the lease, the lessor disclosure statement and requirements, extensions, variations and options, enforcement or rights, compliance with legislation and negotiating the lease terms.

For tenants we can advise you in relation to the disclosure statement by the lessor, the draft lease given with those documents, prepare the Lessee disclosure statement, provide the certificate of independent legal advice report, negotiate the commercial lease agreement terms and assist with ensuring you meet time frames and requirements for exercising options and assigning leases. We can also advise you on your rights if matters go pear shaped and defend proceedings against you or prosecute if your rights have been breached.

A commercial lease in Australia is a legal agreement between a landlord and a tenant, in which the tenant is renting commercial property, such as office space, retail space, or industrial property. The lease outlines the terms and conditions of the rental agreement, including the amount of rent to be paid, the length of the lease, and any other obligations or responsibilities of the landlord and tenant. 

Commercial leases in Australia are governed by state and territory laws, which set out specific rules and requirements for landlords and tenants. In general, commercial leases in Australia are more complex than residential leases, as they often involve larger amounts of money and more detailed provisions.