Retail Leases

Sunshine Coast

Understanding retail leases can be complex, but securing the right lease is vital for your business’s success – whether you’re a retail landlord or tenant. Bradley & Bray is here to provide clear, comprehensive legal advice regarding retail shop leases.

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Secure Your Retail Lease with Expert Legal Assistance

A retail lease, also known as a retail shop lease, is designated for businesses operating within retail shopping centres or premises primarily engaged in retail activities. It is regulated by the Retail Shop Leases Act 1994 (RSL Act) in Queensland, which provides a comprehensive legal framework to ensure a fair balance of rights and obligations between retail landlords and tenants.

Before entering into a retail lease, it is imperative for both parties to thoroughly understand and comply with the legal stipulations outlined in the Act. Whether you’re a tenant or landlord, you must review all legal requirements, restrictions, and entitlements associated with the lease to avoid disputes and other issues in the future. The lease becomes legally binding upon execution by both the landlord and tenant.

Understanding and applying the relevant laws for retail leases can be challenging, particularly for small businesses that offer or secure prime retail locations. At Bradley & Bray, we assist landlords and tenants across Queensland. We’re here to ensure you are fully informed and protected against the uncertainties of retail leasing.

Preparing for Your Retail Lease

As a landlord or a tenant, you must undertake thorough research and ensure all aspects of the lease agreement are clearly understood and beneficial to both parties. Bradley & Bray is here to provide expert legal guidance and help you navigate these retail lease-related preparations effectively:

●     Identifying Retail Shopping Centres

The Act also defines what constitutes a retail shopping centre. This definition includes premises predominantly used for retail, owned by a single entity, and located within a single or adjoining building. Understanding whether the leased property is considered a retail shopping centre is essential for both lessors and lessees. 

●     Providing and Receiving Disclosure Statements

Both landlords and tenants must provide disclosure statements before finalising a retail lease. The lessor’s disclosure statement should outline essential lease terms, premises details, outgoings, and other associated costs—and it must be given to the lessee at least seven days before the lease start date. Should the lessor’s disclosure statement contain inaccuracies or omissions, or if it fails to be delivered within the required seven-day period, the tenant is granted a six-month window from the lease start date to submit a written notice for lease termination. On the other hand, a tenant or lessee’s disclosure statement involves detailing business circumstances and possibly including a Financial Advice Report and a legal advice report.

●     Defining a Retail Business

The Act specifies what constitutes a ‘Retail Business’ in Queensland, impacting whether a lease is classified as retail. Our commercial lawyers on the Sunshine Coast will help check Schedule 1 of the Retail Shop Leases Regulation 2016  in Queensland to verify if your business fits within these legal definitions, as factors like the size of the lettable area and the type of building can influence this classification.

●     Understanding Legal Protections and Benefits

Retail leases offer tenants certain protections under the Retail Shop Leases Act (QLD) 1994, which are not typically available in commercial leases. These include prohibitions against landlords charging land tax to tenants, restrictions on rent review mechanisms, limitations on the proportion of outgoings payable by tenants, and the landlord’s inability to pass on the costs of drafting the lease document. If you’re a prospective retail tenant, be familiar with these provisions to protect your rights fully.

If You’re a Tenant, Here Are More Considerations for Your Retail Lease Agreement

When evaluating a retail lease, it’s essential to tailor your considerations to your business’s unique needs and circumstances. Bradley & Bray can guide you through these critical aspects to ensure your lease aligns with your business objectives:

Lease Duration for New Businesses: The lease term is significant, especially for start-ups or new ventures. While landlords may favour longer lease periods, ensure that the lease duration matches your business plan and growth projections.

Understanding Rental Increases: Rental escalation clauses vary, and you must fully understand the method used to calculate any increases in rent as per your lessor’s terms. This way, you can plan your finances more accurately over the lease term.

Property Improvements and Modifications: The lease agreement should clearly outline the parameters for making any improvements or modifications to the retail space. This includes who is authorised to make changes, who bears the cost, and the condition in which the property must be returned at the lease’s conclusion.

Inclusive Use of Additional Spaces: Confirm that the lease specifies access to all areas necessary for your business operations, such as bathrooms, parking & common areas. This helps avoid future disputes or limitations on your use of the premises.

Signage and Brand Visibility: Ensure the lease does not impose restrictive conditions on placing signs because that could impact your marketing efforts and business visibility.

We’re Committed to Ensure You Are Fully Informed & Prepared 

Bradley & Bray is committed to ensuring that both landlords and tenants are fully informed and prepared before entering into a retail lease. Our team provides comprehensive legal services to help you understand your obligations, rights, and the steps necessary to secure a lease that aligns with your business goals. Contact us today to ensure your retail lease sets a solid foundation for your business’s future.

FAQs on Retail Leases

  • A retail lease governs the rental of premises designated for the sale of goods, typically situated within shopping centres and safeguarded by specific retail legislation at the state level. Such agreements support retail business operations by ensuring both the lessor and lessee are protected by relevant laws.

  • While retail and commercial leases may seem similar, key distinctions exist between them. A commercial lease applies to premises used for non-retail business activities, such as offices, warehouses, or industrial spaces. In contrast, a retail lease is specific to premises used for retail sales, making it subject to additional regulations and protections under retail leasing laws.

  • The Retail Shop Leases Act 1994 (RSL Act) in Queensland outlines the legal framework governing retail shop leases within the state. Both retail landlords and tenants must understand their rights and responsibilities under the RSL Act to ensure compliance and protect their interests in retail leasing arrangements.

  • Before entering a retail shop lease, landlords are required to furnish tenants with a draft lease and a lessor disclosure statement at least seven days in advance. This disclosure statement is crucial, offering detailed insights into the lease terms, rent, review mechanisms, outgoings, trading hours, and more, enabling tenants to make informed decisions about their potential retail space.

  • Yes, tenants are advised to seek independent legal advice before finalising a retail shop lease. This step is a prudent measure to ensure you fully understand your lease commitments and the broader implications of the Act. Engaging with a solicitor or business lawyer on the Sunshine Coast to review your retail lease documents will also help safeguard your business interests and reduce the risk of disputes in the future.

How we help.

  • Business Sales & Acquisitions

    We carefully craft business sale and purchase agreements, ensuring every detail of your transaction is covered, for as smooth a transition as possible.

  • Commercial Leasing

    We assist by preparing or reviewing your commercial lease contract, and helping you negotiate the best deal on your lease.

  • Commercial Agreements

    We provide all manner of general commercial agreements tailored to your needs which will protect your interests and minimise risk.

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    Clear advice on finance arrangements, so you can protect your personal and business assets.

Meet our Business & Commercial Team

Jacob Corbett

Jacob is a Director of Bradley & Bray Lawyers, specialising in Business, Commercial and Real Estate Law.

Jacob provides strategic advice to his vast range of clients, and has been called upon to assist his clients with complex matters such as Business Sales and Acquisitions, Corporations Law advices, Commercial and Industrial Leasing, Commercial Property Sales and Acquisitions, Real Estate transactions, Development advices and Subdivisions, Security and Loan Agreements, Body Corporate advice and establishment, acquisitions utilising SMSF and Bare Trust entities, Put & Call Agreements, Transfers pursuant to Family Law Orders and Agreements and General commercial agreements.

He is also trusted by his clients to assist in acquisition and sale negotiations, and acquisition due diligence for Business, Commercial, Residential and Leasing matters.

Director | Lawyer

Bridie Edwards

Bridie Edwards is an Associate Lawyer in the Commercial Law team at Bradley & Bray. Joining the firm in 2019 as a law clerk; she was admitted as a Lawyer in 2020 and in July of 2023, was promoted to Associate Director.

As an integral member of our leadership team, Bridie assists Director Jacob Corbett, Partner Peter Griffin, and Practice Manager Debbie Davis in managing the firm. Her role involves overseeing project management and internal processes to ensure our clients receive the highest possible quality of service. She also plays an active role as a mentor to her younger colleagues.

Associate Director | Lawyer

Tony Pattinson

Tony successfully managed his own practice, Law in Business, from 2012 until October 2023, when he made the strategic decision to sell the business to Bradley & Bray Lawyers. Following this transition, Tony remains an integral part of the team, serving as a consultant to ensure a smooth and seamless integration.

In addition to his legal background, Tony holds a bachelor's degree in business. He has actively participated in various committees dedicated to small and medium businesses, collaborating with high-level organisations such as the Queensland Law Society and the Law Council of Australia. His well-rounded professional background also includes valuable insights gained from working in the banking sector.

Consultant

Michelle is a seasoned business and commercial lawyer specialising in commercial and property law, where she brings to the table expertise in planning and environment law, government-related legal matters, contract law, property law, litigation, commercial litigation, and liability.

With a comprehensive background spanning various legal roles, Michelle has accumulated a wealth of experience over the past thirteen years, and has established good solid relationships with clients on the Coast whilst gaining an appreciation for how Brisbane and the wider Queensland legal community operates.

Lawyer

Melissa Harris

Michelle Carson

Melissa is a well known and experienced industry professional, working exclusively in residential and commercial conveyancing.

With over 30 years’ in the Legal industry, Melissa’s experience and people-skills make her an invaluable asset to any Property team. Melissa is known for her ability to remain calm and rational amidst the high-stress world of conveyancing.

Her driven and technical approach to the ever-changing landscape of conveyancing has gained her the respect of her colleagues and peers throughout both the legal community, and within the walls of our firm.

Senior Paralegal

Connor Pattinson

Connor Pattinson, an aspiring lawyer and recent law graduate, joined Bradley & Bray in October 2023, coming to the team through our recent acquisition, Law In Business. He is currently in his fourth year of the Bachelor of Laws, with graduation anticipated in November. Connor’s also on track to complete his Practical Legal Training in January, aiming to apply for admission as a lawyer before June 2024. He joined Law In Business in 2019 as a legal/personal assistant, where he's been involved in all aspects of Business & Commercial law.

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Contact Us Today

Bradley & Bray is a law firm on the Sunshine Coast which offers legal guidance to retail leasing across Queensland. Whether you’re a retail landlord or a tenant, our team of commercial lease lawyers are here to ensure your lease agreement matches your business needs, protects your interests and complies with relevant legislation.

Contact us today for tailored advice on your retail lease.

We’re here to help.

Level 1, 15 Ann Street, Nambour Qld 4560
107 Maud Street, Maroochydore Qld 4558
PO Box 243, Nambour Qld 4560

E: info@bradleybray.com.au
P: 07 5441 1400

 

Latest Business & Commercial News

  • Tim | Obi Obi, QLD.

    “Bridie was fantastic!! She kept us informed about what was happening along the way. Bridie ensured the process did not stall and was great at chasing other parties when needed.“

  • Ange & Jason Bowen | QLD.

    “We were absolutely blown away by Jacob’s knowledge and how he handled all the last minute settlement curve balls. We will be recommending him to our business friends & family.“

  • V & M Whelan | QLD.

    “We used Jacob for the first time in selling our business and his service was outstanding. We were thoroughly impressed with Jacob's attention to all our matters. We couldn't have asked for a better solicitor to act for us in what was a difficult sale at the height of the pandemic. “

  • Anna Poole | QLD.

    “Fantastic service and advice. Although we had to go down the employment law road Jacob was amazing and followed up to make sure we got some result. He called outside of working hours and was genuinely willing to help. We could not be happier!! Thank you so much.“

  • Matthew Moore | QLD.

    “Another successful lease completed by Bradley and Bray. Thank you for the fast turnaround, advice and support during the process. “

  • Sally | QLD.

    “The best service I had ever hoped for and experienced. Jacob treated me with respect, with the best service, prompt and so very professional. I would highly recommend Jacob, I am just so very happy with everything he has done.”

  • Cheree Ventham | Box Hill, NSW.

    “No improvement just commendation on Jacob’s level of service and knowledge! Our sale was very complex and not a straight forward usual situation, however Jacob went above and beyond to make things happen as well as keeping me informed and answering all my questions when I had them! Highly recommend for a very friendly, professional and thorough service.”

  • Mark | Currimundi, QLD.

    “Thorough, professional and friendly, describe our experience with the great team at Bradley and Bray. The matter was more complex than we thought but the team handled it in their stride. Thanks. “

  • Pat | Doonan, QLD.

    “I worked with Jacob, Bridie, Peter and Melissa but couldn't log them all into this survey. They were all in the "Best" category.”

  • JM | QLD.

    “Maddi worked above and beyond with Office of Liquor and Gaming which is a daunting task. Phone manner by all was friendly and put me at ease. Thanks for being there for me when I had questions, making my life easier.

    Keep up the good work.”

  • Ange | Montville, QLD.

    “Jacob & the team are outstanding. He provides expert advice in a more-than-timely manner. We were given options of different avenues to take in our tricky situation.

    The communication & follow up is constant & immediate. We highly recommend this team & tell everybody in our circle.“

  • Joanne | Kureelpa, QLD.

    “Thanks for your thorough, reliable and trustworthy service. Your professionalism is second to none. I would not hesitate to recommend you to all.”

  • Emily Smith | QLD.

    “Recently we have dealt with Bradley and Bray Law firm, Bridie Edwards to be specific, to purchase a business. Dealing with the firm & Bridie has been nothing but a great experience. They have been helpful, reassuring, extremely attentive and very professional. I highly recommend the team - we will be using them again. BIG thank you for making us feel we were in good hands and they had our best interests at heart.”

  • Thomas Scherf | Slacks Creek, Qld.

    “Bridie handled our matter in a professional and very timely manner as the settlement of the business transfer was of an urgent matter. Also, the support provided by Peter Griffin was great. This is our second business acquisition handled by the team and I cannot fault the service provided.”

  • M.M. | Maroochydore, QLD.

    “Responsive, efficient, courteous... another lease sorted, it’s like a birthday party every 5 years where everyone’s invited. Well priced for effective service in a timely manner.”

  • R.W. | QLD.

    “My experience was fantastic, Bridie and Maddi went above and beyond with my business purchase. I will use again and happily recommend.”