If you're in retail,
the law's on your side.
Retail leases in NSW come with rights and protections most landlords and tenants have never been told about. Some of them override whatever the lease says. Let's make sure you know what you've got before you sign.
Pick your state.
Northern Territory or Tasmania? Different rules apply there. Ask us directly and we'll point you the right way.
Rights most people
don't know they have.
You have to be told things upfront
The landlord must give you a disclosure statement at least 7 days before the lease is entered into. If it never arrives, or it's incomplete or misleading, you can end the lease in writing within 6 months.
There's no cooling-off period
NSW retail leases don't have one. Once it's signed, you're in it. That's why the time to get advice is before you sign, not after.
Some bills simply can't be passed to you
Capital costs of the building, depreciation, and interest on the landlord's own borrowings. A clause making you pay any of them is void. Land tax can be passed on, but only up to a capped amount.
No key money, no lease prep costs
A landlord can't charge you just for granting you the lease, and can't make you pay its costs of preparing it. If you've already paid either, you can get it back.
Rent reviews have rules
No change to base rent within 12 months of the lease starting or the last change (fixed increases aside). No clause letting one side pick whichever method gives the higher rent. And if a review could bring the rent down, a clause stopping it from falling is void.
Mediation comes first
Most retail lease disputes can't go to court until mediation has been tried, and retail tenancy claims are heard by NCAT. Mediation is quicker and cheaper, and most disputes settle there.
Check the Act applies first
Floor area and total term decide it, not the rent. If you're near the 1,000 m² line, have it measured against the lease plan before you rely on anything below.
Disclosure runs both ways
The landlord's statement comes at least 7 days before the lease. Then you have 7 days from getting it to give back your own tenant's disclosure statement. People forget this second step all the time.
Undisclosed costs are void
If the lease makes you pay for finishes, fixtures, fittings, equipment or services that weren't in the disclosure statement, that clause is void. Not reduced. Void.
Outgoings must be spelled out
You only pay outgoings the lease specifies, worked out and shared the way it says. You're also entitled to a written, itemised estimate. Advertising and promotion don't count as outgoings.
Land tax is capped, not banned
Your share can't exceed what the tax would be if that land were the only land the landlord owned. That's usually a lot less than the landlord's actual bill.
Landlords: registration and fit-out
A lease of more than 3 years must be lodged for registration within 3 months. And any tenant contribution to fit-out works needs a written maximum or formula agreed before the lease is signed.
Tell us where the premises are and send the lease. We'll check it against the Victorian Act as it stands today and tell you what applies.
Send us the lease and the disclosure you were given, and we'll tell you where you stand under the Queensland Act.
If your premises are in WA, get in touch before you sign and we'll check the lease against the current WA Act.
Tell us about the premises and the lease, and we'll check what applies in SA before you commit.
All of the above,
in your pocket.
A few clauses worth
understanding properly.
Make good clauses
What you actually have to do when you move out, and how to cap the cost before you sign.
Read the guidePersonal guarantees
What you're actually putting on the line when a landlord asks a director to guarantee the lease personally.
Read the guideOptions to renew
How to exercise an option the right way, on time, and on terms that still work for you.
Read the guideBank guarantee vs bond
What each form of security actually commits you to, and which suits your cash position.
Read the guideBreaking a lease early
The real ways to exit before the term ends, and what each one actually costs.
Read the guideDeeds of variation
Rent changes, extra time, a new use. How to get lease changes recorded so they actually stick.
Read the guideRetail lease review in NSW
What to check before you sign a NSW retail lease, when there's no cooling-off to fall back on.
Read the guideGot a retail lease
question?
Tell us which state you're in, what side of the lease you're on and what's happening. We'll tell you what you're entitled to and what your options look like. No question is too small.
We get back to most people the same day.
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Just so you know: the information on this page reflects the laws as they stood when we wrote it. These laws do get updated from time to time, so it's always worth getting current advice for your specific situation. Sending us a message or having a chat doesn't mean we're officially your lawyers yet. That happens once we've agreed in writing to work together. The Leasing Lawyer is a trading name of DOCET LEGAL.