Retail Lease
Retail shop leases in Queensland generally refers to leases of premises for carrying out retail business or if the premises are located in a retail shopping centre.
In Queensland, the Retail Shop Leases Act 1994 (Qld) (‘RSLA’) offers the tenant additional benefits and protections which promotes equity between the rights of the landlord and tenant. It is critical for retail landlords to draft the lease terms in a way that is permitted by the retail legislation to avoid any noncompliance. As for the tenant, they should be well informed of their rights and entitlement given by the state legislation when entering into a retail shop lease.
For Tenants
Our leasing lawyers can assist you with all matters from lease review and negotiation to assignment or surrender of your retail shop lease. We believe that it is crucial for the tenant to be well informed of their rights and entitlement under the state retail legislation. Some of tenant’s rights protected by the Queensland state retail legislation include but not limited to:
- The landlord cannot pass on lease preparation fees land tax to the tenant;
- Prior to entering into the lease, the landlord must provide the tenant with a disclosure statement which includes additional information such as the centre’s outgoings and all costs payable by the tenant under the lease; and
- Additional protections regarding unconscionable conduct by the landlord.
We listen carefully to your specific needs and concerns and pay close attention when reviewing and negotiating the lease terms so that they are both consistent with the retail legislation and suited to your unique situation.
All our retail shop lease drafting and reviewing are charged on a fixed fee basis so that it gives certainty and transparency for your legal costs.
The Things We Take Care Of
- Leases reviewing and drafting
- Preparing all necessary RSLA disclosure documents as required by the legislation
- Providing legal advice on lease documents including the lease, lease agreement
- Negotiating lease terms including rent, fit-out terms and refurbishment terms etc
- Extension, assignment and surrender of leases
- Resolving a breach of lease
For Property Owners
The property owner of a commercial property must determine whether the premises are commercial or retail. When in doubt, it is best to seek proper legal advice to ensure that you have identified the right type of lease. If it is a retail lease, it is vital that your retail shop lease is drafted correctly to avoid noncompliance with the state legislation or any potential conflict later on. Note that your obligation as the retail landlord under the state retail legislation extends beyond entering into the lease. You must ensure that you are always compliant with the state law such as when extending and assigning a retail lease.
We provide service in assisting landlords with resolving retail shop lease dispute with tenants. If have a Queensland retail shop lease, the state legislation sets out a two-step mechanism for resolving retail lease disputes. As an initial first step, both parties will attend mediation to resolve the dispute. If mediation fails, the dispute may then be referred to the Queensland Civil and Administrative Tribunal for a hearing.
The Things We Take Care Of
- Lease preparation and drafting
- RSLA Disclosure compliance
- Lease extensions, assignment and surrender
- Provide legal advice in relation to tenant’s potential default and breaches
- Resolve retail ship lease dispute through mediation and court proceedings