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Navigating commercial leases in Queensland can be complex. Whether you’re a landlord safeguarding your property or a tenant securing business premises, understanding the legal landscape is critical. Aylward Game Solicitors, with offices in Brisbane, Gold Coast, and Sunshine Coast, provide expert advice to ensure your lease agreements are legally sound and commercially practical.
Understanding Commercial Lease Law in Queensland
Commercial leases are governed by contract law, the Property Law Act 1974 (Qld), and for retail premises, the Retail Shop Leases Act 1994 (Qld). These laws outline the rights and obligations of both landlords and tenants. Failing to comply can result in unenforceable clauses or costly disputes.
Key considerations include:
- Mandatory disclosure statements for retail leases
- Independent legal and financial advice for tenants
- Transparent rent review and renewal clauses
Common Issues in Commercial Lease Agreements
Rent and Outgoings – Ambiguous clauses can trigger disputes. Clearly define who pays for insurance, maintenance, and land tax.
Maintenance and Repairs – Landlords typically handle structural repairs, tenants cover day-to-day upkeep. Clear wording prevents disagreements.
Lease Duration and Renewal Options – Properly drafted option clauses protect both parties.
Termination and Default – Clearly define when and how the lease can be terminated.
Assignment and Subleasing – Queensland law requires landlords to not unreasonably withhold consent.
Make-Good Obligations – Define expectations for restoring the premises at lease end.
Why You Need a Commercial Lease Lawyer
A commercial lease is a high-value, binding contract. Expert lawyers like Mark Game and the team at Aylward Game Solicitors help:
- Draft and review agreements compliant with Queensland law
- Negotiate fair and balanced lease terms
- Identify hidden risks, such as personal guarantees or rent acceleration clauses
- Resolve disputes efficiently
- Ensure compliance with the Retail Shop Leases Act
Landlord and Tenant Legal Services
For Landlords:
- Drafting compliant lease agreements
- Managing renewals, assignments, and subleases
- Enforcing tenant obligations and recovering arrears
- Resolving disputes through mediation or litigation
For Tenants:
- Reviewing and negotiating draft leases
- Advising on outgoings, fit-outs, and make-good clauses
- Lease assignments, renewals, and terminations
- Representation in disputes and contract breaches
Commercial Lease Dispute Resolution
Even well-drafted leases can lead to disputes. Our team provides:
- Resolution of breaches and terminations
- Rent arrears and outgoings claims
- Disputes over maintenance
- Rent review disagreements
Our approach prioritizes negotiation and mediation to save time and costs.
The Aylward Game Advantage
- 80 Years’ Collective Experience in commercial, business, and property law
- Personal Service with senior lawyers handling your matter
- Comprehensive Coverage across Brisbane, Gold Coast, and Sunshine Coast
- Holistic Support integrating business law, conveyancing, and dispute resolution
FAQs: Commercial Lease Lawyers Brisbane
Q: Do I need a lawyer for a commercial lease in Queensland?
A: Yes. Legal advice ensures compliance and prevents disputes.
Q: Who pays for repairs and maintenance?
A: Typically, tenants cover day-to-day upkeep, landlords handle structural repairs.
Q: What is a “make-good” clause?
A: Tenants restore premises to original condition at lease end; clear terms prevent disputes.
Q: Can a tenant transfer their lease?
A: Yes, with landlord consent. Assignments or subleases must follow disclosure and financial requirements.
Q: Are retail leases different from commercial leases?
A: Yes. Retail leases provide additional tenant protections under the Retail Shop Leases Act 1994 (Qld).
Contact Aylward Game Solicitors Today
Ensure your commercial lease is protected and enforceable. For expert guidance in Brisbane, Gold Coast, and Sunshine Coast.
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