Lessor Disclosure Statement QLD
A Queensland landlord must give a prospective tenant a lessor disclosure statement and a copy of the proposed lease before a retail shop lease is entered into. We prepare disclosure statements for landlords and check them for tenants.
- Fixed fee, confirmed before we start.
- For landlords and tenants.
- Online, wherever you are.
What does the Act require?
Under the Retail Shop Leases Act 1994 (Qld), the landlord must give the prospective tenant a lessor disclosure statement, in the approved form, together with a copy of the proposed lease. The lessor disclosure statement must be given at least 7 days before the tenant enters into the lease.
The statement sets out the main terms and costs of the lease, including:
- the rent and how it is reviewed
- estimated outgoings and the tenant’s share
- the term and any options to renew
- fit-out works and contributions, and any relocation or demolition clauses
- details of the building or centre
- any other amounts the tenant must pay
If the statement is late, missing or wrong
If the landlord doesn’t give the statement and lease at least 7 days before the lease is entered into, the tenant can end the lease by written notice within 6 months after entering it. The same applies if the statement is incomplete, false or misleading in a material way.
There are limits. Late delivery is cured if the tenant got the statement before signing and gave a waiver notice backed by a legal advice report. And the tenant can’t end the lease over a defective statement if the landlord acted honestly and reasonably and the tenant is in substantially as good a position as if the statement had been right.
A tenant who suffers loss because of a false or misleading statement may also be able to claim compensation.
For landlords, this is why the statement is worth getting right before the tenant signs. For tenants, it is why the dates and figures matter.
What we do for landlords
When we draft your retail lease, the disclosure statement is included. If you already have a lease, we prepare the statement from it and the information you give us about the premises, outgoings and centre.
We check that the statement matches the lease, and we set out the steps and dates so the 7-day period is clear.
What we do for tenants
We check the statement against the lease and tell you where they don’t match, what the estimated costs are and what is missing. If the statement was late or is defective, we explain your options.
If you want the whole lease checked, we review the lease and sign the Form 12 lawyer’s report.
Questions
Something else? Enquire online or email us.
Does the Act apply to my lease?
The Retail Shop Leases Act 1994 (Qld) applies to leases of premises used for a retail business listed in the regulation, and to most shops in a retail shopping centre. We confirm whether it applies before we start.
What makes a disclosure statement defective?
A statement that is incomplete, false or misleading in a material way. Common examples are outgoings estimates that are well off the actual costs, missing costs the tenant must pay, or details that don't match the lease.
Who is responsible for the statement if an agent prepares it?
The landlord. An agent or lawyer may prepare it, but the obligation to give a correct statement on time sits with the landlord.
Need a disclosure statement?
Send us the lease or the details of the premises and we'll tell you the next step.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.