Commercial Leasing

Expert Legal Solutions for Commercial Leasing in Queensland

Navigating commercial leases in Queensland requires a sophisticated understanding of property law, contractual agreements, and strategic business considerations. Unlike retail shop leases, general commercial leases are not governed by the specific protective provisions of the Retail Shop Leases Act 1994 (Qld). This fundamental difference means that the rights and obligations of both landlords and tenants are primarily dictated by the terms of the lease agreement itself, coupled with the general principles of contract law and the Property Law Act 1974 (Qld), soon to be replaced by the Property Law Act 2023 (Qld) on August 1, 2025.

Our firm specialises in providing comprehensive legal advice for all types of commercial leasing arrangements, ensuring your interests are protected and your business objectives are met.

Tailored Services for Commercial Landlords:

For landlords of office spaces, industrial warehouses, factories, and other non-retail commercial premises, a well-drafted lease is your primary safeguard. We offer:

Customised Lease Drafting

We prepare commercial lease agreements tailored to your specific property and business needs. This includes defining rent structures (e.g. net, gross), recovery of outgoings (council rates, water rates, body corporate levies, insurance, land tax), rent review mechanisms (fixed, CPI, market), and terms for maintenance, repairs, and make-good obligations.

Negotiation Strategy & Execution

We assist in negotiating key commercial terms to achieve the most favourable outcome for you, leveraging our deep understanding of market practices and legal precedents.

Compliance With the Property Law Act 2023

We advise on the significant changes introduced by the new Act from August 1, 2025, particularly regarding lessor’s consent to assignment, subleasing, or change of use (which now prohibits unreasonable withholding and sets a 1-month timeframe for decisions), and the release of previous assignors and guarantors on subsequent assignments for new leases.

Managing Lease Variations, Renewals & Options

We handle all aspects of lease variations, options to renew, and early termination agreements, ensuring all documentation is legally sound.

Default & Enforcement

Should a tenant default, we provide strategic advice and take swift action to enforce lease terms, including issuing notices to remedy breaches and pursuing termination and recovery of arrears and damages.

Strategic Advice for Commercial Tenants:

As a commercial tenant, your lease agreement is the foundation of your business operations. Without the specific protections of the Retail Shop Leases Act, thorough due diligence and skilled negotiation are paramount. We provide:

Comprehensive Lease Review & Due Diligence

We review all aspects of a proposed commercial lease, including:

Rent & Outgoings: clearly explaining the total costs, including base rent, GST, and what specific outgoings you are liable for, as these are typically more negotiable than in retail leases.
Lease Term & Options: advising on the duration of the lease, any options to renew, and the process for exercising them to secure your long-term business location.
Fit-Out, Alterations & Make Good: clarifying your rights and obligations regarding fitting out the premises, making alterations during the term, and the scope of “make good” obligations at the end of the lease, which can be a significant cost.
Maintenance & Repairs: defining responsibilities for structural repairs, common areas, and internal maintenance to avoid unexpected expenses.

Assignment, Subletting & Guarantees

Explaining the process and conditions for assigning or subletting your lease, and the implications of any personal guarantees required from directors.

Negotiation of Favourable Terms

We actively negotiate with landlords to secure terms that are commercially viable and protect your business interests.

Understanding the Property Law Act 2023

We advise you on the new provisions from August 1, 2025, regarding lessor consent for assignments and the potential for release of original tenants and guarantors from future liability, providing clarity on how these changes impact new leases.

Dispute Resolution

In the event of disagreements over lease terms, rent reviews, or breaches, we represent tenants in negotiations and, if necessary, through formal dispute resolution processes to protect your business.

Why Choose Our Firm for Commercial Leasing?

The freedom to contract in commercial leasing means that every clause matters. Our firm’s knowledge ensures that whether you are a landlord seeking to maximise your asset’s value or a tenant looking to secure a vital business premises, your lease agreement is compliant and reflective of your commercial objectives. We provide proactive, practical advice, guiding you through the intricacies of Queensland’s commercial property landscape.