Leasing

A lease sets the framework for an important relationship between a property owner and an occupier. LegalSense NQ assists with commercial, residential and rural leasing, helping clients understand the terms they are proposing or accepting.

Whether you are entering a new arrangement, renewing an existing lease or considering a change, early advice can help identify issues before they become difficult to resolve.

Looking beyond the rent

The rental amount is only one part of the agreement. For commercial premises, we can help you consider the terms that affect the practical use of the property and the overall commitment, including:

• The length of the lease and any options to renew.
• Rent reviews, outgoings and other costs.
• Permitted use, access and any conditions relevant to fit-out or alterations.
• Maintenance, repair, insurance and make-good obligations.
• Security deposits, bank guarantees and personal guarantees.
• Assignment, subletting, variations and the arrangements for ending the lease.

Advice for the particular property

Different types of leasing require different documents and considerations. A commercial premises lease should not simply be reused for a residential tenancy or a rural arrangement. We can discuss the property, its intended use and the applicable legal framework before preparing or reviewing the agreement.

For rural leasing, it is useful to identify how the land will be used and what access, water, infrastructure and maintenance arrangements need to be addressed. For residential matters, provide the tenancy documents and any notices you have received so we can consider the specific issue.

Renewing, changing or leaving a lease

Do not leave a review until the lease is about to expire. Renewal options may have notice requirements, and a proposed assignment or early departure can involve continuing obligations. If an arrangement is changing, have the agreed terms properly documented.

Business Queensland offers useful background on issues to check before signing a business lease and ending a lease.

What to bring

Send us the proposed or existing lease, any offer or heads of agreement, disclosure documents, variations and relevant correspondence. Tell us your intended use, planned fit-out, important dates and any promises or concerns that are not recorded in the documents.

Common questions

Should I have a lease reviewed before signing an offer?

Yes, seek advice early. An offer or preliminary agreement may contain commitments that need attention before the final lease is prepared.

What does “make good” mean?

It describes obligations about the condition in which premises must be left. The wording matters: it may involve removing fit-out, repairing damage or other work. Check the actual lease rather than assuming what is required.

This page provides general information only. The advice and steps appropriate for you depend on your circumstances and the documents involved.