A Guide for Negotiating Commercial Leases in Queensland

This article discusses some of the key aspects of commercial leases that, as a Queensland business owner, you need to be aware of.

Common types of commercial leases that Queensland businesses use:

Retail leases

Retail leases are used by businesses that operate in a retail environment, such as shops and restaurants. These leases are regulated by the Retail Shop Leases Act 1994 and include provisions related to rent reviews, lease renewals, and outgoings.

Office leases

Used by businesses that require office space, office leases can vary in length and may include provisions related to the use of common areas, such as restrooms or kitchens.

Industrial leases

Used by businesses that require space for manufacturing or warehousing, industrial leases can be long-term and may include provisions related to equipment installations and maintenance.

Short-term leases

Short-term leases are used by businesses that require temporary space, such as for a pop-up shop or event. These leases are typically for a shorter period and may have more flexible terms.

Overall, commercial leases are essential for businesses to secure the space they need to operate and protect their rights as tenants. 

Equipment and vehicle leases are also important to many Queensland businesses in order to acquire the necessary assets to operate. 

Some common types of equipment and vehicle leases include:

Equipment leases

Equipment leases are used by businesses to rent equipment, such as construction equipment or manufacturing machinery. These leases can be short-term or long-term and may include provisions related to maintenance, repairs, and upgrades.

Vehicle leases

Vehicle leases are used by businesses to lease cars, trucks, or other vehicles for their operations. These leases can be for personal or commercial use, and may include provisions related to insurance and maintenance.

Finance leases

Finance leases are used by businesses to lease assets with the option to purchase them at the end of the lease term. These leases can be used for equipment, vehicles, or other assets, and can be structured in a way that allows the business to claim tax deductions on the lease payments.

Overall, equipment and vehicle leases can be a cost-effective way for businesses to acquire assets they need without requiring large capital expenditure. 

It’s important to carefully review the terms defined by any of these leases to ensure you are getting what you need at a reasonable cost, and to understand the financial implications of the lease over the long term.

Lease Term

The lease term is the length of time the tenant is entitled to occupy the premises. Commercial leases typically have longer terms than residential leases, ranging from one to 10 years, or more. 

Rent & Other Payments

A commercial lease will require the tenant to pay rent and other expenses, often including property taxes, insurance, and maintenance costs. 

Use of Premises

Commercial leases typically define the available use of the premises, restricting it to specific purposes, such as retail, office, or industrial use. 

Tenant Improvements

Commercial leases will often require tenants to make improvements to the premises, such as installing fixtures or renovating the space. 

Default and Termination

If the tenant fails to comply with the terms of the lease, it can lead to default and termination of the lease. 

In conclusion

Negotiating a commercial lease can be a complex and daunting task for tenants. Working with a commercial lawyer can help you understand the terms and conditions of a lease, and protect your interests.

Feel free to contact us today at Ballantyne Law if you need plain-talking advice on negotiating a commercial lease on the Gold Coast and Brisbane.


Sidnee Jennings


Kathy Rundle

Special Counsel