Commercial Lease Lawyers Brisbane
Commercial lease lawyers for Brisbane businesses. We review leases for tenants and draft leases for landlords under Queensland law, online and on a fixed fee.
- Fixed fee lease review.
- For landlords and tenants.
- Online, no need to come in.
Checking a Queensland lease
We review the lease and send you written advice before you commit. We look at the rent and rent reviews, outgoings, make good, the personal guarantee, options and assignment, and tell you which terms to push back on. For a retail shop lease, our fee includes the signed Form 12.
Preparing a lease for registration
For landlords, we draft the lease from the agreed terms and prepare it in the form Titles Queensland accepts for registration. For retail shop leases we also prepare the lessor disclosure statement.
Queensland rules to know
Queensland law applies to any lease of Queensland premises. Which rules matter depends on the type of premises.
Office, industrial and other non-retail leases
Most office, warehouse and industrial leases sit outside the Retail Shop Leases Act. The lease itself sets most of your rights, so its terms on rent reviews, outgoings, make good and guarantees carry more weight. Queensland’s Property Law Act 2023 fills some gaps. For example, before ending the lease for most breaches, a landlord must give a notice in the approved form (Form 7) and time to fix the breach.
Registration
Queensland land is registered with Titles Queensland under the Land Title Act 1994. A registered lease binds a later owner. If there is already a mortgage, the lease binds the lender only if the lender consents to it before registration. We can register the lease once it is signed.
Retail shop leases
If the premises are a retail shop, the Retail Shop Leases Act 1994 (Qld) also applies:
- the landlord must give the tenant a lessor disclosure statement and the proposed lease at least seven days before the lease is entered into
- a new tenant usually must give the landlord a lawyer’s signed Form 12 and an accountant’s signed Form 11
- disputes go first to mediation through the Queensland Small Business Commissioner, then to QCAT
See retail shop leases in Queensland for more on the Act.
How it works
- Enquire online and send us the lease, or the agreed terms if you are the landlord.
- We confirm the fee.
- We send written advice, or the lease and supporting documents.
- Everyone signs electronically, wherever they are.
Other lease services
- Assignment of lease: when you are buying or selling a business with a lease.
- Option to renew: exercising your option in time.
- Breach notices: giving or answering a notice to fix a breach.
Questions
Something else? Enquire online or email us.
Is my lease covered by the Retail Shop Leases Act?
It is if the premises are used mainly for a retail business listed in the regulations, or are in a retail shopping centre, subject to some exclusions. Offices, warehouses and factories usually fall outside it. We tell you which applies.
Do I need a Form 12?
A new tenant under a Queensland retail shop lease usually must give the landlord a Form 12 signed by a lawyer and a Form 11 signed by a qualified accountant before the lease is entered into. The Form 12 is part of our lease review fee.
Does the lease have to be registered with Titles Queensland?
Registration isn't compulsory. But an unregistered lease binds a buyer of the property only if its initial term is three years or less, and even then an option running past three years isn't protected. Most longer leases are registered for that reason.
Ready to send us your lease?
Upload the lease or the agreed terms online. We'll confirm the fee before we start.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.