Retail Lease Lawyers

A retail lease is a commercial lease that also falls under the relevant state or territory retail leases Act, generally because the premises are used to sell goods or supply services to the public. We act for retail tenants and landlords across every Australian jurisdiction. See our commercial lease lawyers overview for the full range of services we offer.

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Each state and territory has its own retail leases legislation. The rules differ enough that what’s compliant in Victoria may be unlawful in NSW or Queensland. We work across the lot.

Why retail leases are different

Retail leases attract a layer of statutory protection that pure office and industrial leases don’t. These protections vary by state but typically include:

A prescribed lessor disclosure statement that must be given before signing
A minimum lease term in some states (often five years including options)
Caps or controls on what outgoings can be passed through
Limits on the timing and number of rent reviews per year
A ban on certain “prohibited terms” (like ratchet clauses on market reviews)
Compulsory low-cost dispute resolution through a small business commissioner before tribunal proceedings
Restrictions on landlord recovery of legal costs from the tenant

If a lease falls under the relevant Act, those rules override anything inconsistent in the lease document. Working out whether a lease is “retail” in the first place is the threshold question, and the answer depends on the use, the floor area, the type of building, and sometimes the tenant’s turnover.

Retail leases by state and territory

We run retail lease matters in every Australian jurisdiction:

Retail Leases Act Victoria - Retail Leases Act 2003 (Vic), VCAT, Victorian Small Business Commission
Retail Leases Act NSW - Retail Leases Act 1994 (NSW), NCAT, Registrar of Retail Tenancy Disputes
Retail Shop Leases Act Queensland - Retail Shop Leases Act 1994 (Qld), QCAT
Commercial Tenancy Act Western Australia - Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), State Administrative Tribunal
Retail and Commercial Leases Act South Australia - Retail and Commercial Leases Act 1995 (SA), Small Business Commissioner SA
Retail Leases Act Tasmania - Fair Trading (Code of Practice for Retail Tenancies) Act 2022
Leases Act ACT - Leases (Commercial and Retail) Act 2001, ACAT
Business Tenancies Act Northern Territory - Business Tenancies (Fair Dealings) Act 2003 (NT)

What we do for retail lease clients

For retail tenants

Lease review and negotiation, including the disclosure statement
Exercising and challenging options to renew
Market and CPI rent review challenges, including specialist retail valuer process
Outgoings disputes and audit rights
Make good disputes at end of term
Lease exit, surrender, and assignment on sale of business
Disputes through the relevant small business commissioner and tribunal

For retail landlords

Drafting compliant retail leases and disclosure statements
Rent review process management
Breach notices, default, and recovery of possession
Defending tenant disputes and challenges
Assignment consents on sale of business
End-of-lease enforcement and bank guarantee claims

Common retail leasing issues

Disclosure statement late, missing, or materially wrong
Outgoings being passed through that the Act doesn’t allow (commonly land tax in Victoria)
Ratchet clauses on market reviews where the Act prohibits them
Options to renew exercised late or in the wrong form
Make good obligations the tenant didn’t understand at signing
Demolition clauses with insufficient notice or no compensation
Personal guarantees that don’t release on assignment

How we work

Retail lease matters run on fixed fees where possible: lease review, drafting, disclosure preparation, breach notices, and surrender deeds are all scoped up front. Rent review challenges, dispute resolution, and tribunal work are scoped in stages.

Frequently asked questions

Is my lease a “retail lease”?

It depends on the state, the use of the premises, and sometimes the floor area or tenant turnover. Generally, premises used to sell goods or supply services to the public are caught. Pure office, warehouse, and industrial premises usually aren’t, but there are exceptions (for example, a lawyer’s office is a retail premises in Victoria). We confirm the position before we advise.

Why does it matter whether the lease is retail?

Because the relevant retail leases Act overrides inconsistent terms in the lease. That can mean better tenant protections, restricted landlord rights, lower outgoings exposure, mandatory dispute resolution, and a different forum if things go wrong.

Do retail leases have a minimum term?

In some states yes. Victoria, Queensland, WA, SA, and others impose a minimum five-year term (including options) unless the tenant gets a waiver certificate. NSW repealed its minimum term requirement in 2017, so there is no minimum term for NSW retail leases. The detail differs by state.

Can a landlord recover legal costs from a retail tenant?

In most states, no, or only in narrow circumstances. The relevant Act usually prohibits the landlord from passing lease preparation costs (or some negotiation costs) onto the tenant.

What is a specialist retail valuer?

A specialist retail valuer is an independent valuer appointed under the relevant retail leases Act to determine market rent on a review, where the parties can’t agree. Their decision binds both sides.

Where are retail lease disputes heard?

Generally in the state’s civil and administrative tribunal: VCAT (Vic), NCAT (NSW), QCAT (Qld), SAT (WA), SACAT (SA), ACAT (ACT), NTCAT (NT). Most states require the parties to attempt mediation through the small business commissioner first.

Does Reid+Alexander Lawyers act in every state?

Yes. We run retail lease matters Australia-wide and brief local agents where it’s faster or cheaper for the client.

How much does a retail lease lawyer cost?

Fixed fees on lease reviews, drafting, disclosure statements, and routine matters. Disputes scoped in stages. Send us the lease and we’ll come back with a quote within one business day.

Talk to a retail lease lawyer

Whether you’re in Melbourne, Sydney, Brisbane, Perth, Adelaide, Hobart, Canberra, or Darwin, send us the documents and we’ll come back with a fixed-fee quote.