Leasing Law

What We Do

At Greyson Legal | Leasing Lawyers, we have extensive experience in leasing law and assist clients with a variety of commercial leasing matters. We can assist with:

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• Retail Shop Leasing

• Commercial offices

• Industrial warehouses and sheds

• Vacant commercial land

What is a Commercial Lease?

A commercial lease (whether retail or non-retail) is a form of contract between a Landlord (Lessor) and a Tenant (Lessee) in regards to the occupancy and use by the Tenant of a freehold premises owned by a Landlord.

Many business owners enter into commercial leases to enable that business owner to operate and trade their business from specified fixed premises.

As with any contract, before signing a commercial lease, it is important to understand the lease terms and conditions, rights and obligations of each party.

Retail Shop Leases

Retail leasing is a sub-set of commercial leasing.

If the premises to be leased will be used to conduct a business that is retail in nature; or if the premises are within what is referred to as a “retail shopping centre” – then, applicable retail shop leasing legislation is likely to apply.

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Westfields, for example, is a type of retail shopping centre.

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In Queensland, for example, the Retail Shop Leases Act 1994 (Qld) regulates retail shop leasing.  

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The Act sets out certain consumer protection mechanisms for retail tenants as well as disclosure obligations. For instance, in relation to any new lease :-

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• the Lessor is required to provide the prospective Lessee a Lessor Disclosure Statement and copy of the Lease at least 7 days before the Lessee enters into the Lease; and

• the Lessee is required to provide the Lessor with a Lessee Disclosure Statement and obtain independent Financial Advice and Legal Advice.

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There are also various obligations under the Act in regards to a lease renewals and an assignment of a retail shop lease.

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At Greyson Legal | Leasing Lawyers, we can assist you in not only understanding your rights and obligations under the retail shop lease itself, but also ensure both the Lessee and Lessor have met their respective disclosure and compliance obligations under the relevant legislation.

Lease Documentation

At Greyson Legal | Leasing Lawyers, we can prepare, review and advise you on all aspects of lease documentation and the commercial leasing process. For instance: 

• Offers to Lease

• Agreements for Lease

• New Lease

• Lessor’s Deed of Consent to Assignment of Lease

• Mortgagee’ Consent Deeds 

• Assignor/Assignee Deeds

• Fitout Deeds

• Sub-Leases

• Occupancy Licenses

• Car park Licenses

• Incentive Deeds

• Seating Licenses

• Personal Guarantees

• Bank Guarantees

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Lease Registration

In Queensland, it is not a requirement to register a lease per se. However, a lease for a duration of more than 3 years is considered a long term lease and as such, must be registered in order for the Lessee to receive legal and indefeasible interest in the leased premises and certain statutory protections.

The benefit of indefeasible title means:

• that the Lessee's interest in a premises will be protected should the Lessor decide to sell the freehold in the property. Any potential buyer of the freehold will be required to purchase the property subject to the Lessee's Lease (provided it is registered on title); and

• if the Lessor has a mortgage over their property, in the event the mortgagee should take possession of a property (eg. if the Lessor defaulted under its loan/mortgage and the bank enforced its rights), that mortgagee will only be obligated to honour the terms of the Lessee's Lease and recognise their interests if such Lease is registered on title. 

The registration of leases in Queensland is controlled by the Department of Natural Resources, Mines and Energy (DNRME) or Land Titles Office as it often called.

There is a lodgement fee to register the Lease with the DNRME.

Lease Terms and Conditions

As leasing lawyers, Greyson Legal are familiar with the format of lease documentation and the type of information that should be set out in the Lease. We know what to look for and to assess any re flags that you should be advised about. We comprehensively review the Lease documentation, such as:

• ensuring the Lessor and Lessee are correctly identified

• what security is required:- personal guarantee, bank guarantee or cash bond 

• confirming the Premises description is correct and size of area to be leased

• checking the permitted use

• note the rent, outgoings and other amounts payable under the Lease

• clarify what Landlord works and Fitout is to be undertaken

• what is the Term/period of the Lease and any renewal periods

• are there any fitout incentives

• does a rent free period apply

• checking if the use is exclusive or non-exclusive

• clarifying the trading hours

• determining the Lessor's obligations and Lessee's obligations

• what are the repair and maintenance requirements

• who is liable to maintain any air-conditioning unit

• what are the insurance requirements

• the process to assign the Lease

• Lease default and termination provisions

• are there provisions for relocation of premises of demolition of the premises

• are there special arrangements, such as, seating licenses 

• etc

For a confidential discussion on how we can assist you, contact Greyson Legal.