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  • Writer's pictureRaymond Duffy

What is Retail Shop Leasing (Qld) ?

Updated: Dec 17, 2020

Retail shop 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 the Retail Shop Leases Act 1994 (Qld) (“RSLA”) will apply.

Where the RSLA applies:

  • there are a number of leasing documents and steps which need to be complied with by the Landlord and Tenant. This is irrespective of whether it is a new lease or assignment of an existing lease – although the steps involved will differ; and

  • the Tenant will receive certain consumer protections under the RSLA.

Generally, a "retail shopping centre" is a cluster of 5 or more premises within a centre that are used predominantly for carrying on retail businesses, and where all the premises are owned by the one Landlord and all the premises are located in one building or two or more

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

Depending on the nature of the premises or the terms of the retail shop lease, there may also be other associated documents, for example:

  • Offers to Lease

  • Agreements for Lease

  • Fitout Deeds

  • Car park Licenses

  • Incentive Deeds

  • Seating Licenses

  • Personal Guarantees

  • Bank Guarantees

Each premises and arrangement with a Landlord will have its own specific requirements.

Retail shop leasing can be a complex area of law and professional legal assistance is recommended.

Contact Greyson Legal for details on how we can help you:

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