Commercial Leasing

Commercial leases provide the legal framework for a wide range of business operations across Queensland, including offices, warehouses, industrial premises and professional suites. Unlike retail leases, commercial leases are not governed by a specific statutory regime and are primarily regulated by contract law and general property law principles.

This means that the rights and obligations of the parties are largely determined by the terms of the lease itself. As a result, meticulous drafting and negotiation are essential to ensure that the lease accurately reflects the commercial intentions of the parties and appropriately allocates risk.

At Vojdani Lawyers, we advise landlords, tenants, and investors across Queensland and Australia on commercial leasing arrangements, providing clear, strategic advice tailored to each transaction. Our commercial lease team on the Gold Coast assist clients with lease preparation, review, and negotiation, ensuring each agreement is crafted to protect your legal and commercial interests.

Commercial leases offer a greater degree of flexibility compared to retail leases. The parties are generally free to negotiate the terms of the lease, including rent, outgoings, maintenance obligations, and default provisions. However, this flexibility also means that tenants have fewer statutory protections. It is therefore critical for both parties to fully understand the terms of the lease before entering into the agreement.

Because commercial leases are largely a matter of contract, landlords and tenants have broad freedom to negotiate key terms such as rent reviews, fit-out responsibilities, and early termination rights. However, with this flexibility comes risk, making legal advice essential before signing any agreement.

Commercial leases should clearly define the premises, permitted use, lease term, and rent structure. Rent review mechanisms may include fixed increases, CPI adjustments, or market reviews, and must be carefully drafted to avoid ambiguity. Market rent reviews, in particular, are prone to disagreement if valuation assumptions are unclear, so precise drafting is essential. Outgoings are a significant consideration in commercial leases. Tenants are often required to contribute to costs such as council rates, insurance, maintenance, and management expenses. The lease should clearly specify which outgoings are

recoverable and how they are calculated. Security arrangements, such as bank guarantees or personal guarantees, are also commonly used to protect the landlord’s position. Well-structured commercial leases can also include provisions relating to signage, car parking, and maintenance of common areas, all of which can have a real financial impact over the term of the lease.

Commercial tenants often require flexibility to assign or sublease their interest, particularly where business needs change over time.

The Property Law Act 2023 (Qld) (the Act) introduced new requirements for landlords to respond to assignment or subleasing requests within a defined timeframe. The Act generally requires landlords to respond within one month after receiving all necessary information, unless a different period is agreed. The lease should clearly outline the process for seeking consent and any conditions that must be satisfied.

Poorly drafted assignment provisions can significantly impact a tenant’s ability to sell or restructure their business.

Whether you are transferring your lease, granting a sublease, or restructuring your company, obtaining legal guidance can help you avoid delays, disputes, and potential breaches of lease conditions.

Make-good obligations are a key consideration in commercial leasing. Tenants are often required to return the premises to a specified condition at the end of the lease, which may include removing fit-out and reinstating the property. The extent of make-good can vary greatly between leases, from basic cleaning through to complete refurbishment, and should be tailored to the nature of the premises and use.

These obligations should be clearly defined at the outset to avoid disputes and unexpected costs at lease expiry. Our lawyers ensure that make-good clauses are drafted to provide clarity and fairness, protecting both landlord investment and tenant certainty.

Disputes under commercial leases are generally resolved through negotiation, mediation, or court proceedings, depending on the terms of the lease. Unlike retail leases, there is no mandatory statutory dispute resolution process, making it important for the lease to include clear dispute resolution mechanisms. Vojdani Lawyers helps clients resolve disputes efficiently through practical strategies, whether by negotiation, mediation, or litigation. We focus on minimising disruption to your business and achieving cost-effective results.

At Vojdani Lawyers, we assist landlords and tenants with drafting, reviewing, and negotiating commercial leases, as well as advising on assignment, variation, and compliance matters. We focus on ensuring that lease arrangements are legally robust and commercially aligned with our clients’ objectives. Our team combines extensive experience in property and commercial law with a deep understanding of the Queensland leasing landscape. We act for property developers, business owners, and investors across Brisbane, the Gold Coast, Queensland and Australia. Whether you are entering into a new lease, renewing an existing agreement, or managing lease disputes, our advice is strategic, timely, and outcome focused.