Archive for the 'Commercial & Retail Leasing' Category

2 July 2020

Commercial Leases and COVID-19

If you are a tenant facing difficulties due to the pandemic, or a landlord being approached by a tenant, the first step should still be communication, as I mentioned in my post on 25 March 2020 HERE. The Queensland state government has now enacted the COVID-19 Emergency Response Regulation, applying to landlords and tenants of […]

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25 March 2020

Commercial Lease obligations in a pandemic

To say that commercial landlords and tenants are facing challenging times is an understatement! The effects of the novel coronavirus COVID-19 are pushing countless businesses to the limit. The lease relationship is crucial to the businesses and finances of both landlords and tenants, and the lease document is at the centre of this. The age-old […]

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8 March 2018

Should the lease be registered with the Land Titles Office?

Parties to a commercial lease often rapidly work towards finalising the terms of the lease, having all relevant documents signed and ensuring bank guarantees and insurance are in place – ; so that the tenant can take possession, do any fit out and start paying rent. It is often an after-thought consideration whether or not […]

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15 December 2015

Proposed Retail Shop Lease Amendments – Lessor Disclosure Statement

The Retail Shop Leases Amendment Bill 2015 (Qld) (the Bill) was introduced into Parliament on 13 October 2015. The Bill has been drafted in response to a statutory review of the Retail Shop Leases Act 1994 (Qld) (the Act) and is a replacement of a 2014 Bill which lapsed due to the change in Government. […]

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10 October 2013

Lease Incentives

The lease incentives being offered to prospective retail tenants are on the rise according to a recent article in the Financial Review. The article confirms the trend I am currently seeing in the commercial and retail leasing sector. As the financial climate continues in its current period of uncertainty, landlords are becoming more and more […]

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21 May 2012

Is an agreement to lease binding?

An important case to decide whether a Letter of Intention to Lease was a binding legal document was heard in the Brisbane District Court on 30 April 2012. The key consideration was whether the letter was a binding legal document or simply an application to lease to enable the Landlord to assess the Tenant’s “lease-worthy […]

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26 April 2011

The End of Ratchet Clauses – Amendments to the Retail Shop Leases Act

Rent payable by a Lessee in a retail shop lease can now decrease at a market review. A clause in a lease which prevents the lease decreasing is commonly known as a Ratchet Clause. The Retail Shop Leases Act has been amended by inserting a provision that makes a ratchet clause in a retail shop […]

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4 April 2011

Timing Requirements – Retail Shop Leases Act QLD

One of the most common questions I get asked and one of the biggest issues in retail leasing is what are the timing requirements under the Retail Shop Leases Act. The Retail Shop Leases Act places strict time requirements on parties who are or have entered into a retail shop lease in Queensland and failure to comply […]

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