As a landlord, understanding the ins and outs of retail shop leases is crucial to maintaining a commercial relationship with your tenants while safeguarding your investment. Below are the key factors you should know when considering leasing your retail shop.
1. Is the Lease a ‘Retail Shop Lease’?
In Queensland, retail shop leases are governed by the Retail Shop Leases Act 1994 (Qld). This legislation provides significant protection for retail tenants and imposes strict obligations on landlords. Our solicitors can assist you in understanding your obligations and help you avoid any breach of the legislation if it applies.
Some businesses you might not expect are covered by this Act including convenience stores, butchers and nurseries.
2. Retail Shop Lease rules
If the permitted use falls under the Retail Shop Leases Act there are some rules you cannot contract out of.
These include:
- Outgoings charged must be audited
- Cannot pass on landlord legal fees to prepare lease
- Most provide a disclosure statement (we can assist in preparing these)
- Rules around demolition clauses
3. Selecting Right Tenant
The tenant you select will have a direct impact on the success of your investment. Before entering into a lease agreement, it’s essential to assess the tenant by conducting thorough investigations, reviewing their financial stability, and understanding their business model. A reliable tenant with a proven track record will reduce the risk of breaches and other issues down the line. We can assist with this process.
4. Lease Terms and Conditions
At Holt Ronan Lawyers, we ensure that your lease is clear, fair, and tailored to your property’s specific needs. Key elements we focus on include:
- Rent and rental reviews
- Fit-outs and other tenant works, and maintenance responsibilities
- Termination and assignment clauses, and make good clauses
- Insurance and liabilities
By understanding the key elements of retail shop leases you can minimise risks and maximise returns. Always seek legal advice when drafting or renewing leases to ensure the terms are fair and balanced, and comply with the law.
Disclaimer: This advice is general in nature and is not intended to be legal advice.
If you would like legal advice, please call our office on (07) 5619 0440 and we would be pleased to assist you.