Retail Lease Lawyer Sydney
Retail lease lawyers for Sydney businesses. We review and draft retail shop leases for landlords and tenants under the Retail Leases Act 1994 (NSW).
- Fixed fee lease review.
- Disclosure statements and registration.
- Online, no need to come in.
We act for landlords and tenants of NSW premises, wherever their business is based.
What the NSW Act requires
The Act applies to most leases of shops and of premises in retail shopping centres. A lease can’t contract out of it. The main rules are:
- Lessor disclosure statement. The landlord must give you a disclosure statement and a copy of the proposed lease at least 7 days before you enter the lease.
- Lessee disclosure statement. You give the landlord your own disclosure statement within 7 days after receiving the landlord’s, or a longer period you agree.
- Registration. If the term, including options, is more than 3 years, or you agree to register, the landlord must lodge the lease for registration within 3 months after you return it signed.
- Retail bond. The landlord must lodge any cash security bond with NSW Fair Trading within 20 business days, online through Rental Bonds Online or by paper form.
- Legal costs. The landlord can’t charge you its legal costs of preparing the lease.
What we check before you sign
For tenants, we review the lease and the landlord’s disclosure statement together and check that they match. We look at rent and rent reviews, outgoings, make good, the personal guarantee, options and assignment.
We help you complete your lessee disclosure statement. You get written advice and a list of points to raise with the landlord.
Preparing the lessor’s documents
For landlords, we draft the lease and the lessor disclosure statement. We set out the steps the Act requires and when: giving the documents at least 7 days before signing, collecting the tenant’s disclosure statement, lodging the bond and lodging the lease for registration.
Assignments
If you’re selling a business, the Act sets the process for asking the landlord to consent to the assignment. To be released from liability after the assignment, the outgoing tenant gives the incoming tenant an updated lessor’s disclosure statement and an assignor’s disclosure statement at least 7 days before the assignment, with a copy of the assignor’s statement to the landlord. See our page on assignment of a retail lease.
Disputes
Most retail tenancy disputes must go to mediation through the NSW Small Business Commissioner first. If mediation doesn’t resolve the dispute, it can go to the NSW Civil and Administrative Tribunal (NCAT).
Questions
Something else? Enquire online or email us.
What if the landlord didn't give me a disclosure statement?
You may be able to end the lease within the first 6 months. Send us the lease and the dates and we'll tell you where you stand.
Taking on or granting a retail lease?
Send us the lease and the disclosure statement, or the terms you've agreed, and we'll tell you the next step.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.