Special rules apply to retail leasing. Expert drafting is essential and our Retail leasing lawyers can assist with all your requirements.
The Retail Shop Lease Act 1994 (Qld) adds complexities when leasing retail premises. Our retail leasing lawyers ensure that your rights and obligations are clearly understood. A “retail shop” is a reference to premises of less than 1000 m² floor area used predominantly for one of the numerous retail business types described in the Retail Shop Leases Regulation.
It can also include premises that aren’t retail in nature but are situated in a “retail shopping centre” comprised by at least five tenancies, but only if more than 25% of the floor space on the same floor level is utilised for retail.
As in all commercial documentation, future unforeseen contingencies must be guarded against. Tenant default, unusual events, damage to the centre, insolvency of the landlord or the tenant are all events that require legal foresight that protects your rights and gives you practical solutions. Read our retail leases 101 – what you need to know before getting started.
A dispute between a retail or commercial landlord and its tenant can arise from many circumstances. Experienced business litigation lawyers are vital to expertly assess and prepare the arguments on behalf of a lessor or a lessee to determine if leasing disputes is required. Find out more
Negotiating a commercially viable lease requires you to know and understand the key terms and conditions contained in the lease clauses. – ATO
Lease Disputes: Commercial Tenant + Landlord
Looking to get an assessment of your prospects of success in a lease dispute? Try our interactive case assessment tool for an indication of in whose favour the dispute is likely to resolve.
If you are a tenant, rental costs are a significant proportion of overheads and it is critical that you engage a lawyer to review your lease before entering into a long-term relationship that could have negative long-term consequences for your business.
We will review and discuss your retail or commercial lease so that you can be confident that there are no “hidden clauses” that will later be detrimental to your business. We can also advise on your obligations where necessary to ensure that you comply with the Retail Shop Leases Act 1994.
We can assist with the entire range of services, including:
- Negotiation of lease terms (including rent, assignment options, duration, options for exit and renewal);
- Make-good and the condition of the premises when the tenancy is terminated;
- Early termination of the lease;
- Maintenance liability and associated costs;
- Fitting out incentives;
- Methods of dispute resolution;
- Ownership of fittings and fixed equipment that you install;
- Preparation and review of commercial and retail leases;
- Renewal of leases, and lease assignments;
- Responsibility for any refurbishments, additions, changes to area let;
- Advice concerning security bonds and lease guarantees.
Issues to consider in every lease
Regardless of your circumstances, our Retail leasing lawyers will help minimise the costly risks of starting and operating your business.