Commercial Leases

We assist Brisbane tenants and landlords with preparing, advising on, amending, transferring leases, or in resolving lease disputes.

Our solicitors can advise you on how to comply with the Retail Shop Leases Act 1994 (Qld).  The Retail Shop Leases Act has technical requirements for disclosure and other issues for retail leases.  We can help you manage these issues.  Other important issues to consider are:

  1. Term – a longer term gives stability for both parties, at the expense of less flexibility if requirements change. Appropriate use of option terms can help manage these risks.
  2. Security – typically a bank guarantee and/or personal guarantee is required of the tenant. How and when the landlord can draw on the securities requires careful consideration.
  3. Gross or net lease – in a gross lease, rental is inclusive of outgoings, whereas the outgoings are billed separately in a net lease. Either way, what is or is not included in rent should be clearly set out.

For landlords: there is no form of standard terms for a commercial lease in Queensland.  We can help you prepare leases that suit your business needs and protect your legal position, and help you to comply with legal requirements. We can also advise and assist you in relation to assignments of lease, extending, amending or surrendering leases, or managing tenant defaults and other disputes.

For tenants: we understand that rental is a significant part of your business expenses, which makes it important that you receive expert advice regarding your rights and obligations in this important and long-standing commercial relationship.  We can review and advise on leases and help you negotiate with the landlord, to give you certainty and peace of mind regarding lease conditions.

Our experience includes:

  • Leasing in shopping centres and other commercial complexes;
  • Retail shop leases and other commercial leases;
  • Lease assignments and transfers as part of business transfers;
  • Amendments of leases;
  • Acting for landlords;
  • Acting for tenants; and
  • Leasing disputes in general.

Please do not hesitate to contact us if you require assistance or advice.