Real Estate & Property Lawyers › Commercial Leases
Commercial Lease Lawyers — Protecting Landlords and Tenants in Commercial Disputes.
Commercial lease disputes — rent defaults, outgoings disputes, make good obligations, option to renew, lease termination, and Retail Leases Act compliance — are high-stakes for both landlords and tenants. A commercial lease lawyer advises on rights under the lease and the relevant state legislation, negotiates disputes, and manages tribunal and court proceedings.
⚠ Option to renew deadlines are strictly enforced — a tenant who fails to exercise an option within the time specified in the lease may lose the right to renew entirely. Get lease advice before any deadline passes.
Commercial Lease Matters We Handle
From lease review to termination — all commercial and retail leasing disputes.
Lease Review Before Signing
A commercial lease is a long-term, binding commitment — terms of 5, 10, or 15 years are common. A lawyer reviews the lease before signing — identifying unfavourable provisions (rent review mechanisms, outgoings obligations, make good requirements, assignment restrictions) and negotiating improved terms. Reviewing the lease before signing is far less expensive than litigating a dispute under an unfavourable lease years into the term.
Rent Default & Recovery
A commercial tenant who fails to pay rent is in breach of the lease — the landlord can issue a breach notice and, after the cure period expires, terminate the lease and recover possession. A lawyer advises landlords on the correct process for issuing breach notices, terminating the lease, and recovering unpaid rent through the relevant court or tribunal. A lawyer also advises tenants who are in financial difficulty on their rights — including Retail Leases Act mediation and hardship relief.
Outgoings Disputes
Outgoings — council rates, water rates, insurance, and building maintenance costs — are frequently the subject of commercial lease disputes. The lease determines which outgoings the tenant is required to pay. A lawyer advises on whether an outgoing is recoverable under the lease, reviews the landlord's outgoings statements, and disputes overcharges through negotiation or tribunal proceedings.
Option to Renew
A tenant with an option to renew must exercise the option strictly in accordance with the lease terms — within the option exercise period, in the required form, and without the lease being in breach. A lawyer advises on the option exercise process, assists the tenant in exercising the option correctly, and manages disputes where the landlord contests the exercise of the option (for example, because the tenant was in breach of the lease at the time of exercise).
Make Good Obligations
At the end of a commercial lease, the tenant is typically required to "make good" the premises — reinstating the premises to their original condition (removing fit-out, patching walls, reinstating flooring, and repainting). The scope of the make good obligation depends on the lease terms. A lawyer advises landlords and tenants on the scope of the make good obligation and manages disputes where the parties disagree about what make good work is required.
Retail Leases Act Compliance
Retail leases in all Australian states are regulated by state Retail Leases Acts — which impose minimum standards on retail lease terms, require mandatory disclosure before signing, prohibit certain lease provisions, and establish mediation processes for retail tenancy disputes. A lawyer advises retail landlords and tenants on Retail Leases Act compliance — including the mandatory disclosure statement, prohibited terms, and the mediation process for retail tenancy disputes.
The Legal Framework
Commercial leasing — Retail Leases Act and common law contract.
Retail Leases Act 1994 (NSW) — protection for retail tenants
The Retail Leases Act 1994 (NSW) applies to leases of retail shops — premises used for the sale of goods or the provision of services to the public. The Act requires the landlord to provide a disclosure statement at least 7 days before the lease is entered into, prohibits certain lease terms (including "key money" and outgoings that exceed the actual cost), sets a minimum 5-year lease term (unless the tenant waives this), and establishes a mediation process for retail tenancy disputes through the NSW Small Business Commissioner. A lawyer advises retail landlords and tenants on their rights and obligations under the Act.
Commercial leases — the lease document controls
Commercial leases that are not retail leases (office leases, industrial leases, and leases of non-retail premises) are largely unregulated — the parties' rights and obligations are determined by the lease document. This makes the lease review process critical for commercial tenants — the lease may impose onerous outgoings obligations, restrictive assignment conditions, unfavourable rent review mechanisms, and extensive make good requirements that significantly increase the cost of the tenancy over its term. A lawyer identifies and negotiates these provisions before the lease is signed.
Re-entry and termination — the landlord's remedies
Where a commercial tenant is in breach of the lease (for non-payment of rent or breach of other lease obligations), the landlord has the right to re-enter the premises and terminate the lease — provided the breach is a fundamental breach or the lease expressly entitles the landlord to terminate for the breach. In most states, the landlord must serve a breach notice and allow a reasonable opportunity to cure before terminating the lease. In NSW, a landlord who re-enters premises without a court order may be committing an unlawful act if the tenant has applied for relief against forfeiture — a doctrine that allows a court to restore the lease where the forfeiture would be unconscionable.
Rent review mechanisms — CPI, market review, and fixed increases
Commercial leases typically include a rent review mechanism — either a fixed percentage increase, a CPI (Consumer Price Index) adjustment, or a market review (where the rent is reset to the current market rent). Market reviews are the most disputed rent review mechanism — the landlord and tenant frequently disagree about what the current market rent is. The lease specifies the market review process — including the timing of the review, the party who appoints a valuer if the parties cannot agree, and the binding effect of the valuer's determination. A lawyer advises on the market review process and manages disputes where the parties disagree about the market rent.
Assignment and subletting — landlord consent
A commercial lease typically requires the landlord's consent before the tenant can assign the lease (transfer it to a new tenant) or sublet the premises. The landlord cannot unreasonably withhold consent — in retail leases, this obligation is expressly stated in the relevant Retail Leases Act. In commercial leases, the reasonableness of withholding consent depends on the lease terms and the circumstances. A lawyer advises on the assignment and subletting process — preparing the assignment documentation, obtaining landlord consent, and managing disputes where the landlord unreasonably refuses consent.
COVID-19 and commercial lease protections — ongoing impact
The COVID-19 pandemic resulted in the introduction of temporary commercial lease protection legislation in all Australian states — preventing landlords from terminating retail and commercial leases for rent default where tenants were experiencing financial hardship due to COVID-19. While these protections have expired in all states, the decisions made under the protections continue to affect commercial leasing relationships — including disputes about unpaid rent deferrals and the legality of rent waivers and deferrals agreed during the pandemic period. A lawyer advises on the ongoing impact of the COVID-19 commercial lease protections on current lease disputes.
How It Works
One request. Free commercial lease advice.
Tell us whether you are a landlord or tenant, the type of lease (retail or commercial), the state, the dispute (rent, outgoings, make good, option), and any deadlines or notices received.
Submit Your RequestDescribe the lease dispute
Landlord or tenant, retail or commercial lease, state, nature of the dispute (rent, outgoings, make good, option, termination), and any notices or deadlines.
Matched to a commercial lease lawyer
Matched to a property lawyer with experience in commercial leasing in your state — who knows the Retail Leases Act, the NCAT process, and the rights of landlords and tenants under commercial leases.
Free consultation
A commercial lease lawyer contacts you for a free consultation — advising on your rights under the lease and the relevant legislation, and the options for resolving the dispute.