• It is very important that any lease you need drafted or reviewed contains a minimum set of essential terms to ensure your interests are protected, being:

  • payment of rent;

  • payment of outgoings;

  • provision of the security deposit/bank guarantee;

  • the covenant to keep the premises open and trade from the premises;

  • the covenant not to deal with the lease or premises except as provided in the lease.

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• Did you know that in Queensland, if you’re opening a shop or cafe, your commercial lease may be governed by the Retail Shop Leases Act?  Under this legislation there are various disclosure obligations for each party, such as:

  • lessee is required to give a disclosure statement to the lessor at least seven days before the lessee enters into a lease; and

  • lessors are to provide disclosure to the lessee on the exercise of an option to renew by a lessee, with the lessee being able to withdraw from the option within 14 days of receipt of the disclosure, without the need to give any reason for withdrawal.

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• There are various types of commercial leases, depending on the business use and location of the premises and the legislation governing each party's obligations.

• It is essential you seek advice from an experienced commercial leasing lawyer to assist you with your obligations under the law when drafting or reviewing a commercial lease or providing disclosure.

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• Our senior commercial leasing lawyers have experience in acting for landlords and tenants of major shopping centres, retail food outlets, commercial office space, child care centres, pharmacies, fitness centres, hotels, liquor outlets, fashion and homeware stores, farming ventures, churches and recreational activity centres.

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