Business law
Retail and commercial lease review in Queensland
Before committing to business premises, understand the whole lease—not just the rent. Makin Advisory can review your Queensland retail or commercial lease and help you identify the costs, restrictions and exit obligations that matter to your business.
Is this the help you need?
For businesses taking new premises, renewing a lease, buying a business with a lease or planning an assignment or exit.
How Makin Advisory can assist
Assess whether the retail shop leasing regime applies to the premises and use.
Review the lease, disclosure material, incentive deed and personal guarantees together.
Explain rent reviews, outgoings, repairs and make-good responsibilities.
Check options, notice requirements and the practical ability to renew.
Advise on assignment, negotiation priorities and release of ongoing exposure.
What a review involves
Send the complete proposed lease, plans, disclosure documents, incentive deed and guarantee, together with the proposed use and signing deadline. Include heads of agreement and agent correspondence. Review starts with your proposed operations and the applicable Queensland regime, then focuses on obligations, points to clarify and changes to consider.
Decisions worth getting right
A rent-free incentive is not the whole cost of occupation. Compare base rent and reviews, outgoings, fit-out, services, repairs, security and exit work across the term. A cheaper advertised rent may be outweighed by expensive equipment maintenance or a fit-out removal obligation. Ask which figures are confirmed and which are estimates.
Make-good deserves a budget and a starting-condition record. Clarify what must be removed, what may remain and the standard of reinstatement. Options and assignment also need separate attention: a business sale or returning keys does not automatically release a tenant or guarantor. Coordinate the lease and any business-sale documents before treating the exit as complete.
Frequently asked questions
What is the difference between a retail and commercial lease?
Retail shop leases have a specific Queensland statutory framework. Whether it applies depends on the premises, use and relevant exclusions, not simply the label on the document. Have the actual arrangement assessed before assuming particular requirements apply.
Should I get advice before signing heads of agreement?
Yes, where possible. Heads of agreement may create commitments or shape later negotiations depending on their wording and circumstances. Send them for review before signing or paying money rather than assuming they are only an informal summary.
What should I check about outgoings and make-good?
Ask what you must pay, how outgoings are estimated and reconciled, and what work is required at exit. The lease and applicable law must be considered together. Obtain practical cost estimates rather than relying only on broad wording.
Does an option guarantee I can stay?
Not without meeting the applicable conditions and notice requirements. Check the exercise window, rent-setting process and any refurbishment obligations. Diarise the dates early; a conversation with an agent may not meet formal requirements.
Does assignment release my guarantee?
Do not assume so. Assignment consent, the guarantee and any release documentation need to be checked. If you are selling the business, resolve continuing tenant and guarantor exposure as part of the transaction.
What affects the cost of this work?
Fees depend on the agreed scope, complexity and document volume. Enquire with the documents available and your deadline so we can discuss the work required and its cost before you decide to proceed.
Official resources
QSBC guidance on entering a lease
current QSBC make-good guidance
Related help
when an SME should engage a business lawyer
Take the next step
Makin Advisory serves Gold Coast and Brisbane clients remotely and in person by appointment. Tell us what you need help with and any relevant deadline; prefer no sensitive documents at first enquiry.
Tell us what you need help with
Tell us briefly what you need help with and any relevant deadline. Please do not include sensitive documents in your initial enquiry.