Rockhampton | Yeppoon | Brisbane 1800 329 448
Property & Conveyancing

Leasing Lawyers

Lease preparation, negotiation, renewal, assignment and disputes — for landlords and tenants across commercial, industrial and rural property.

We act for both sides — separately

Landlords and tenants want different things from the same document, and a lease that works for one is rarely optimal for the other. We act for both, though never on both sides of the same lease.

For landlords, the priorities are security of income, recovery of outgoings, control over use and assignment, and a workable make good obligation. For tenants, they are certainty of tenure, predictable costs, flexibility to change or exit, and not being left with a bill at the end.

Which regime applies

The applicable regime changes what can be negotiated and what is simply void.
TypeGoverned byKey feature
Retail shop leaseRetail Shop Leases Act 1994 (Qld)Protections cannot be contracted out of
Commercial / industrialThe lease and general lawFreedom of contract; negotiate everything
Rural leaseThe lease and general lawWater, stock, fencing and access need express terms
Residential tenancyResidential Tenancies and Rooming Accommodation Act 2008 (Qld)Separate regime, prescribed form

See our commercial leasing page for detail on the Retail Shop Leases Act protections.

The terms that decide whether it works

  • Term, options, and the exercise window
  • Rent reviews — fixed, CPI or market
  • Permitted use, and how narrowly drafted
  • Outgoings, and whether they are capped
  • Repair obligations, structure and services
  • Make good at the end of term
  • Assignment and subletting
  • Security — bond, bank guarantee, personal guarantee

Personal guarantees deserve particular attention. A director who guarantees a company tenant's obligations is personally liable for the whole term, and often for the option period too. Guarantees rarely end when the guarantor leaves the business — negotiate a release or a cap at the outset.

Lease to review, prepare or renew? Fixed fee, and we'll tell you what's worth pushing on.
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Registration

A lease for a term exceeding three years should generally be registered, because registration protects the tenant against a subsequent purchaser or mortgagee. An unregistered long lease can be vulnerable if the property changes hands or the landlord's financier takes possession.

Registration requires the lease to be in registrable form and lodged with Titles Queensland, and where the property is mortgaged the mortgagee's consent is generally needed. Tenants taking a substantial fitout obligation should treat registration as essential rather than optional.

Ending a lease

A lease can end by effluxion of time, by exercise of a break right, by surrender, by assignment, or by termination for breach. Each has consequences that should be understood before acting.

  • Expiry — make good and vacant possession
  • Holding over — often month to month, check the terms
  • Surrender — requires the landlord's agreement
  • Assignment — consent, and a release if you want one
  • Termination for breach — strict notice requirements
  • Abandonment — landlord may claim the balance of rent

Simply walking out is the most expensive option. A tenant who abandons premises remains liable for rent until the landlord re-lets, subject to the landlord's duty to mitigate. A negotiated surrender is almost always cheaper.

What it costs

  • Fixed fee for lease review
  • Fixed fee for preparing a standard lease
  • Renewals and assignments quoted separately
  • Registration fees at cost
  • Stage estimates for disputes
  • Advice on what is worth negotiating

Frequently asked questions

A lease for a term exceeding three years is generally registrable, and registration protects the tenant against a subsequent purchaser or mortgagee. An unregistered long lease can be vulnerable if the property is sold or a financier takes possession. Where the property is mortgaged, the mortgagee's consent is generally required.

A personal guarantee makes a director personally liable for a company tenant's obligations, usually for the whole term and often the option period. Landlords commonly require them. If you must give one, negotiate a cap, a release on assignment, or a limit on the period rather than accepting an open-ended obligation.

Only by exercising a break right if the lease contains one, by negotiating a surrender, or by assigning to another tenant with the landlord's consent. Abandoning the premises is the most expensive option: you remain liable for rent until the landlord re-lets, subject to its duty to mitigate.

The tenant must give vacant possession and comply with any make good obligation. If the tenant stays on with the landlord's agreement, a holding over provision usually converts the arrangement to a periodic tenancy, commonly month to month — check what the lease actually says, because the terms of holding over vary.

Not automatically. An outgoing tenant and any guarantor may remain liable if the incoming tenant defaults. A formal release should be negotiated as part of the assignment rather than assumed to follow from the landlord's consent.

More information

Lease agreements are a commitment by both a landlord and a tenant to a medium to long-term legal arrangement. Have all the issues been covered? Do you need to make changes or negotiate the terms?

Rockhampton leasing lawyers

Whether you’re interested in leasing commercial or rural property, a small shed or a large warehouse, we’re here to help.

We represent landlords and tenants in disputes over rent and other covenants in leases. We can advise on make good obligations or what’s involved with transferring or assigning a lease.

For clients interested in leasing rural property, we provide assistance with formalising the lease agreement, understanding different types of leases, the tax implications associated with leasing and conducting due diligence prior to signing the lease agreement.

If you’re considering a commercial lease, at the outset you need to understand that there are various types of commercial leases, depending on the type of business that will be run from the premises.

In this context, there is no such thing as a lease agreement that fits all businesses, despite what may be told to you.

For example, if you’re opening a cafe or a retail outlet, your lease will generally be governed by relevant legislation. In Queensland, this is the Retail Shop Leases Act 1994 and it imposes numerous conditions on both the Landlord and Tenant that you need to be aware of before considering the lease agreement.

We frequently draft and negotiate all types of leases for both landlords and tenants. We have extensive experience in the acquisition and disposal of commercial, retail, industrial and residential properties.

  • Retail, commercial and industrial leasing
  • Due diligence
  • Reviewing lease documents
  • Complex leasing negotiations
  • Retail legislation compliance

We can also assist with:

Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.

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