Commercial Lease Review

A commercial lease review is a lawyer’s read of a proposed or existing lease, with a written advice on what the lease actually requires and where it needs to change. We review commercial, retail, and industrial leases on fixed fees for tenants and landlords across Australia. For an overview of all our services, see commercial lease lawyers.

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A standard commercial lease runs 40 to 80 pages and binds a business for years. The point of a review is to make sure you know what you’re signing before you sign it, and to negotiate fixes for the clauses that put the business at risk.

What a lease review covers

When we review a lease, we work through every clause and report on:

Rent and rent reviews - base rent, fixed increases, CPI, market reviews, ratchet protection
Outgoings - what’s recoverable, what’s excluded, audit and reconciliation rights
Term and options - fixed term, number and length of options, exercise window
Permitted use - whether it covers how the business will actually trade
Make good - strip out, paint and patch, base building, or full reinstatement
Security - bank guarantee, security deposit, personal guarantees
Assignment and subletting - when consent is required, conditions on consent
Default and termination - breach notices, cure periods, re-entry rights
Demolition - notice periods and any compensation
Repairs and maintenance - who pays for what, including essential safety measures
Insurance - public liability, contents, plate glass, business interruption
Disclosure statement - for retail leases, whether the prescribed form is correct and on time
Special conditions - any clauses unique to the deal

What you get

Each review comes with a written advice that:

Lists the issues ranked by importance
Explains what each clause actually means in plain English
Drafts the suggested amendments ready to send to the other side
Summarises the key dates, obligations, and money points to diarise

You also get a 30-minute call to walk through the report and answer questions before you decide what to push back on.

Tenant or landlord

We run two types of review:

Tenant lease review

Most tenants come to us with a lease drafted by the landlord’s solicitor and a deadline. Our job is to flag the clauses that load risk onto the tenant and negotiate them out. Common tenant fixes: ratchet on rent reviews, capped outgoings, narrower make good, broader permitted use, release of personal guarantee on assignment, longer cure periods on default.

See: Tenant Lease Review

Landlord lease review

Landlords usually need a review when they’ve inherited a lease, are about to renew, or want to confirm a draft prepared by an agent or template tool actually protects the asset. Common landlord fixes: enforceable outgoings recovery, watertight rent review, valid make good, clean default and re-entry rights, security in the right form.

See: Landlord Lease Review

Common red flags we find

Outgoings clause too vague to enforce, or trying to recover items prohibited by the relevant Act
Rent review without ratchet, or with the wrong review type for the relevant retail leases legislation
Make good clause that requires “as new” condition with no allowance for fair wear and tear
Personal guarantee with no release point, even after assignment
Permitted use too narrow for the business’s trading plans
Demolition clause with short notice and no compensation
Bank guarantee that the landlord can call on without notice
Missing or late lessor disclosure statement on a retail lease

How we work

Send us the lease and any disclosure statement. Email is fine.
Fixed-fee quote within one business day. No charge for the initial conversation.
Review. We turn around a written advice within an agreed timeframe.
Call. A 30-minute walk through to discuss what to push back on.
Negotiation (optional). We can run the negotiation directly with the other side.

Frequently asked questions

How much does a commercial lease review cost?

Standard commercial leases are quoted as a fixed fee, usually depending on the length and complexity. We give the price up front before starting.

How long does a lease review take?

Most reviews are turned around within three to five business days. Urgent turnarounds available where needed.

Should I review an existing lease or wait until renewal?

If you’re noticing problems (rent reviews you don’t agree with, outgoings creep, repair disputes), an existing lease review is worth doing now. Otherwise, the best time is before signing the original lease and again at renewal.

Can I review my own commercial lease?

You can read it, but most non-lawyers can’t reliably spot the problem clauses or know what’s negotiable. The cost of a review is small relative to the financial commitment, and the cost of fixing a bad clause after signing is usually much higher.

Do you review retail leases as well as commercial?

Yes. For retail leases we also review the lessor disclosure statement against the relevant state Act - such as the Retail Leases Act 2003 (Vic) - and flag any issues with timing or content.

Will you negotiate the lease for me?

Yes, if you want us to. Negotiation is quoted separately from the review so you can choose whether to handle it yourself or hand it across.

What do I need to send you?

The proposed lease, the disclosure statement (if any), the heads of agreement or letter of offer, and any incentive proposal or fit-out arrangement. Email is fine.

Do you act for tenants and landlords?

Yes, but never on the same matter.

Talk to a commercial lease review lawyer

Send us the lease and we’ll come back with a fixed-fee quote within one business day.