Retail Shop Lease Reports

We prepare accurate and comprehensive disclosure statements, detailing key lease terms, outgoings estimates, and other essential information, ensuring full compliance with the mandatory 7-day pre-lease disclosure period. Failure to provide a correct disclosure statement can grant the tenant the right to terminate the lease and claim compensation.

Our lawyers draft clear, legally sound retail shop lease agreements that protect your investment, clearly define responsibilities, and incorporate compliant clauses for rent reviews (e.g. CPI, market review, fixed increases), outgoings, maintenance, and make-good obligations. We ensure your lease avoids “ratchet clauses” and adheres to the “single basis” rule for rent reviews, as mandated by the Act.

We advise on the process of lease renewals, options to renew, and variations, including the landlord’s obligation to provide an updated disclosure statement upon exercise of an option, unless waived by the tenant.

Should disputes arise concerning rent, outgoings, repairs, or any other lease terms, we can guide you through mediation with the Queensland Small Business Commissioner (QSBC) and represent your interests before the Queensland Civil and Administrative Tribunal (QCAT).

We conduct in-depth reviews of your draft lease, the Lessor’s Disclosure Statement (Form 7), and any other ancillary documents. Our reports provide clear, concise advice on critical clauses including:

• Rent & Outgoings: understanding how your rent will be reviewed (e.g. CPI, market, fixed increases), your liability for apportionable outgoings (e.g. cleaning, utilities, centre management fees), and what costs are prohibited for landlords to recover (e.g. land tax).
• Term & Options To Renew: clarifying the lease term, any options for renewal, and the strict timeframes and procedures for exercising them.
• Permitted Use: ensuring the “permitted use” clause accurately reflects your business operations and provides necessary flexibility.
• Fit-Out & Make Good Obligations: advising on your responsibilities for initial fit-out, alterations, and the often-complex “make good” clauses at the end of the lease, which dictate the condition in which you must return the premises.
• Relocation & Demolition Clauses: explaining your rights and potential compensation in the event the landlord requires you to relocate or demolishes the premises.

Guiding you through the process of assigning or subletting your lease, including landlord consent requirements and specific disclosure obligations under the Act (e.g. Assignor’s Disclosure Statement Form 9, Assignee’s Disclosure Statement Form 15).

We facilitate and provide the mandatory Legal Advice Report (Form 12), ensuring you have received independent legal counsel on the lease terms. We also advise on the requirement for a Financial Advice Report (Form 11) from a qualified accountant, which is crucial for non-major tenants before entering into the lease. These reports are vital for your protection and for the lease to be compliant.

We advise on your rights if a landlord fails to provide a proper disclosure statement within the required timeframe, which may include termination rights and claims for compensation.

If a dispute arises, we assist tenants in resolving issues through negotiation, mediation, and representation at QCAT, ensuring your rights are upheld.