You are a property owner with retail shop and you want to lease the shop. If you are in Queensland, you must comply with the Retail Shop Leases Act 1994 (QLD). To keep you on track, we provide links to the Queensland approved forms for use when you want to lease your Queensland retail shop.
Step 1: You must provide the proposed lessee with a “Lessor Disclosure Statement” at least 7 days before the lessee enters into the lease.
Step 2: You must provide the proposed lessee with a “Lessee Disclosure Statement”, which the lessee must complete and return to you before finalising the lease (although they can provide to you with the signed lease if you accept this deferral).
Step 3: You must provide the proposed lessee with a “Financial Advice Report”, which must be completed and returned to you. The Financial Advice Report must be completed by an accountant who acts for the proposed lessee.
Step 4: You must provide the proposed lessee with a “Legal Advice Report”, which must be completed and returned to you. The Legal Advice Report must be completed by a solicitor who acts for the proposed lessee.
Step 5: In any circumstance in which any amount other than rent is going to be charged by you to the proposed lessee, you must complete the Estimate of Outgoings and provide to the proposed lessee with the above documents. It is critical you make this disclosure as close to factual as possible, as substantial discrepancies provides the lessee with a defense to claims for outgoings.
A retail lease is far more complex than a standard commercial lease. This is because the Queensland legislation requires you, as lessor, to disclose and receive disclosure on specific matters. A failure on your part to properly disclose or receive disclosure, notwithstanding the best written lease, exposes you to damages, which include potential voiding of the lease and refunding of charges raised.
Nautilus Law Group have seasoned property lawyers and conveyancers who can assist you with your retail leasing needs – from settling the original disclosure, to preparing the lease and amendment documents, to dealing with disputes. We offer fixed fee services for most property matters, and welcome you to make enquiry with our team by telephone to 07 5574 3560 or email@example.com.