A question was recently posted in a community group:
“We’re about to open a café and need a lawyer to draft a lease agreement. Can anyone recommend a good solicitor — preferably someone based in Queensland?”
I was grateful to be recommended by several members in response. As a solicitor specialising in commercial property and leasing matters in Queensland, I often assist clients in exactly this situation — and I can’t emphasise enough how important it is to have a properly structured lease from day one.
Whether you’re a landlord or a tenant, the lease is more than just paperwork — it’s the legal framework that underpins your entire business relationship. Here are six key things I always advise clients to consider when entering into a commercial or retail lease:
- Pre-lease documents and early access: Before you receive the keys, ensure that documents such as heads of agreement or any early access arrangements are in place and clearly documented.
- Security – bond or bank guarantee: It’s vital to clarify how much is required, how it’s held, and under what conditions it may be accessed.
- Insurance obligations: Make sure responsibilities for public liability, building insurance, and contents insurance are clearly allocated.
- Rent reviews and renewals: Understand how your rent will be adjusted each year (e.g., CPI or fixed rate), and the process and timelines for exercising renewal options.
- Make good at end of lease: Know what condition the premises must be returned in when your lease ends — this is often one of the most contentious issues if unclear.
- Compliance with the Retail Shop Leases Act 1994 (Qld): If your lease is governed by this legislation, it comes with specific disclosure requirements and timeframes — failure to comply can delay or invalidate parts of the lease.
These considerations are especially important in the hospitality and retail sectors, where setup costs are high and margins can be tight. Having a lease that protects your rights and aligns with your commercial reality can make a huge difference.
If you’re opening a café, negotiating a lease renewal, or dealing with a lease dispute in Queensland, feel free to get in touch. I’m always happy to have a conversation and point you in the right direction.
