Leasing

Retail Leasing —
Compliance, Clarity, Protection.

Retail leases in Queensland are governed by the Retail Shop Leases Act 1994, which imposes strict obligations on landlords and specific protections for tenants. We ensure you are fully compliant — and fully protected.

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What This Covers

What makes retail leasing different?

The Retail Shop Leases Act 1994 (Qld) applies to most retail shops in Queensland and creates a regulated framework that both landlords and tenants must comply with. Disclosure obligations, dispute resolution mechanisms, and tenant protections are all prescribed by the Act — and non-compliance can have serious consequences.

At LK William, we advise landlords and tenants on all aspects of retail leasing — ensuring disclosure obligations are met, lease terms comply with the Act, and your rights are protected throughout the lease term.

How we can help

Advice on Retail Shop Leases Act applicability and obligations

Preparation and review of disclosure statements

Lease review and negotiation for retail premises

Advice on fit-out contributions and rent-free periods

Key money and prohibited charges advice

Lease renewal, assignment, and end-of-lease advice

The Process

How we handle your retail lease.

From first disclosure to lease execution and beyond.

01

Act Assessment

We determine whether the Retail Shop Leases Act applies to your premises and advise on the obligations and protections that follow.

02

Disclosure Review

We prepare or review the landlord disclosure statement and ensure all required information is accurate and complete.

03

Lease Negotiation

We review the lease and negotiate terms — fit-out contributions, permitted use, assignment rights, and make-good — on your behalf.

04

Execution & Registration

We manage lease execution and registration, and remain available for advice throughout the lease term.

Key Considerations

Key retail leasing considerations in Queensland.

Disclosure Obligations

Under the Retail Shop Leases Act, landlords must provide a disclosure statement at least 7 days before the tenant is required to sign. Failure to provide an accurate disclosure statement can give the tenant the right to terminate and recover costs.

Prohibited Key Money

Under the Act, it is generally prohibited for landlords to request key money as a condition of granting a retail lease. Understanding what is and is not permitted as a condition of lease entry is critical for both parties.

Dispute Resolution

The Retail Shop Leases Act provides a specific mediation-first dispute resolution framework. Most disputes must be referred to the Office of the Small Business Commissioner before proceeding to court. We guide you through this process efficiently.

Common Questions

Answers before you even ask

The Act generally applies to retail shops in Queensland — including shops in shopping centres and standalone retail premises used wholly or predominantly for the carrying on of a retail business. There are exclusions, including premises with a floor area exceeding 1,000m². We advise on whether the Act applies to your specific situation.

The disclosure statement must include details of the premises, the proposed lease terms, outgoings, fit-out requirements, trading hours, and other key commercial information. It must be accurate at the time of disclosure — material inaccuracies can give the tenant termination rights. We prepare disclosure statements that are comprehensive and compliant.

Generally yes — under the Retail Shop Leases Act, a landlord cannot unreasonably withhold consent to an assignment of a retail lease. However, there are conditions and processes that must be followed. We advise on the assignment process and ensure it is managed correctly so your business sale can proceed smoothly.

Ready to Begin?

Let's make sure you
know exactly what
you're getting into.

Book a confidential consultation with our team. No pressure, no legal jargon — just a clear conversation about your matter and how we can help.

(07) 3523 3311 info@lkwilliam.com.au
Suite 2GC, Level 2, 199 George Street, Brisbane City QLD 4000