Sorting out a commercial lease or seeking tenancy services that is right for you does not have to be complicated.
You can avoid the hassle of trying to figure it out on your own by consulting us for legal advice.
We offer straight-talking advice and clear templates for Qld commercial leases if you are the landlord or the tenant of any property in Queensland.
Whether you are the landlord or the tenant (of any property in Queensland) you will benefit from our straight talking advice and clear templates regarding Qld commercial leases.
Top issues to consider in a Commercial Lease
In Queensland there is no such thing as a standard Commercial Lease or Standard Retail Shop Lease. They are drafted by the lawyers for the landlord.
You will have to consider the following:
- Term / tenure– As a tenant you want to have security of tenure without committing yourself for too long in case your needs change. As a landlord you want a stable long term tenant providing rent at appropriate yield levels. Multiple Options to renew coupled with rent reviews to market rent at the time of exercise of option seem to balance the commercial needs of both the tenant and the landlord. (In Queensland if the lease term (including options to renew) is over 3 years the tenant will want the Lease registered on the Title.)
- Security– Landlords will want personal guarantees and a bank guarantee of 3-6 months rent. Tenants will want to provide less security. A rule of thumb is this – if personal guarantees are provided (and they have some value) a 3 month bank guarantee is usually reasonable. Without personal guarantees normally a larger bank guarantee is reasonable.
- Letter of Offer / Intent / Agreement to Lease– Be careful they are often binding. Take advice before signing one.
- Gross Lease or Net Lease– A “Gross lease” rent usually includes “most” outgoings. A “Net Lease” rent usually does not include outgoings. What is your understanding and what is and is not included in rent? The definitions need to be carefully looked at.
- Insurance– What insurance does the landlord take out and what insurance does the tenant need to take out? Does the Lease “require” that a tenant’s insurer will agree to certain things. Often they will not. Most Insurance clauses need amendment.
- Assignment – Are the tenant and the guarantors “off the hook” if the lease is assigned? The tenant is in limited circumstances under the Retail Shop Leases Act but not the guarantors. Most Leases need amendment on this point.
If you’re a landlord for a commercial lease
We assist landlords (across Queensland). Landlord assistance includes:
- Lease preparation
- Disclosure compliance
- Extensions and variations
- Enforcement of landlord rights including Notices to Remedy Default
- Compliance with other relevant legislation
In Queensland, Leases of more than three years (or with options to renew) need to be registered on title in order to protect the term and the options.
We also assist with car park, footpath dining and other licence agreements.
Retail Shop Leases
Our Brisbane lawyers assist tenants and landlords across Queensland with document review, amendment, preparation, advice, Notices of Default and dispute resolution.
Our solicitors will help you navigate compliance with the Retail Shop Leases Act 1994 (Qld).
If you’re a tenant in a retail shop lease
We assist tenants (across Queensland) with:
- Retail Shop Leases Act – Legal Advice Report
- Review and advice on lease terms
- Negotiation of lease terms (often with significant cost savings)
- Exercise of options to renew (which must be exercised strictly in accordance with their terms)
- Extension or assignment of leases
- Surrender of Leases
- Structuring security arrangements (security deposits, bank guarantees and personal guarantees) and your other affairs for asset protection
Next step? Fixed fee high point advice conference for tenants
Our lawyers will walk you through the Lease document when you meet them for a conference. Please send us your Lease document by email or fax as soon as possible. We focus on the “big ticket” and unusual aspects of the Lease and any questions you have. This meeting can be face to face or by telephone or video conference and usually lasts 2 hours.
- Some basic hand notated changes to the Lease and explanations of them (if required)
- Retail Shop Lease Legal Advice Certificate (if required)
- Tabulated written summary of Advice
- Access to other specialist members of our team of lawyers (if required)
- Running and reporting on chosen searches usually during the conference (outlays additional)
Contact our client engagement team today and request a quote for a Lease High Point advice conference.
Client engagement team
We now have a dedicated team of Business Development Officers to assist you in engaging with us. Our Business Development Officers will assist you with:
- understanding what your need is and what your time frames are
- identifying the best lawyer on our team for you and your need
- explaining what it will cost
- explaining what you need to do next and what initial information you will need to have for us
- getting your initial appointment locked in
- hearing your feedback so that we can always be improving our services
Communication with our client engagement team is absolutely free. Call 07 3252 0011 or email one of our Business Development Officers (General Enquiry) now.
Urgent advice needed? No problem
We understand that you often need legal advice on a Lease urgently and we can usually (by arrangement) provide this service same day. If you require this please let us know as soon as possible.