Visit Our
Family Law Site
Click Here
Commercial Lease Lawyers Brisbane: Expert Legal Guidance for Landlords and Tenants
Entering a commercial lease agreement is one of the most significant commitments a business can make. The terms within that lease determine your rights, responsibilities, and financial obligations for years to come. Whether you are a landlord protecting a valuable investment or a tenant securing premises for your business, understanding your legal position is crucial. […]
Commercial Lease Lawyers Brisbane: Expert Legal Guidance for Landlords and Tenants
Entering a commercial lease agreement is one of the most significant commitments a business can make. The terms within that lease determine your rights, responsibilities, and financial obligations for years to come. Whether you are a landlord protecting a valuable investment or a tenant securing premises for your business, understanding your legal position is crucial.
At Aylward Game Solicitors, we provide clear, practical, and legally sound advice on all aspects of commercial leasing in Brisbane, Gold Coast, and Sunshine Coast. Our experienced commercial lease lawyer, Mark Game, together with our expert legal team, ensures every lease we draft, review, or negotiate safeguards our clients’ long-term interests.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
Understanding Commercial Lease Law in Queensland
Commercial leases in Queensland are governed primarily by contract law, the Property Law Act 1974 (Qld), and in some cases the Retail Shop Leases Act 1994 (Qld). These pieces of legislation impose specific rights and obligations on both parties.
Failing to comply can result in unenforceable lease clauses or costly disputes. For example:
- Under the Retail Shop Leases Act, landlords must provide mandatory disclosure statements before signing.
- Tenants are entitled to independent legal and financial advice prior to execution.
- Rent review and renewal clauses must comply with the Act’s transparency and fairness standards.
Our lawyers stay up to date with these evolving requirements so your lease remains compliant and enforceable.
Common Issues in Commercial Lease Agreements
1. Rent and Outgoings
1. Rent and OutgoingsRent structures—whether fixed, CPI-based, or market-review—need precise drafting. Ambiguous rent review clauses can trigger disputes. Similarly, who pays for outgoings, such as insurance, maintenance, or land tax, must be clearly allocated.
2. Maintenance and Repairs
Landlords usually handle structural repairs, while tenants cover day-to-day upkeep. However, unclear language can lead to disagreement over what constitutes a “structural defect.” A properly drafted lease prevents this.
3. Lease Duration and Renewal Options
Long-term commercial tenants often require renewal options. Our team ensures that option clauses specify notice periods, rent adjustments, and procedural requirements to protect both sides.
4. Termination and Default
Leases should outline when and how termination can occur—whether due to non-payment, insolvency, or breach. Aylward Game Solicitors can draft or review termination clauses that balance protection with fairness.
5. Assignment and Subleasing
Businesses frequently evolve. Tenants may wish to assign or sublease premises. Under Queensland law, a landlord cannot unreasonably withhold consent, but strict procedural steps apply.
6. Make-Good Obligations
“Make-good” provisions require tenants to restore the premises to original condition at lease end. Disputes often arise around interpretation—does repainting suffice, or must fittings be replaced? We clarify and document obligations from the outset.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
Why You Need a Commercial Lease Lawyer in Brisbane
A commercial lease isn’t just paperwork—it’s a binding contract worth hundreds of thousands of dollars. Attempting to draft or sign one without legal review exposes you to serious risks.
Here’s how an expert lawyer like Mark Game can help:
- Drafting & Reviewing Agreements: We ensure clauses comply with Queensland legislation and accurately reflect your negotiated terms.
- Negotiating Terms: Whether you’re a small business or a corporate tenant, we secure balanced, commercially fair terms.
- Identifying Hidden Risks: We flag unusual clauses—personal guarantees, indemnities, or rent acceleration—that may harm your position.
- Resolving Disputes: From non-payment to early termination, our dispute resolution team provides quick, cost-effective outcomes.
- Compliance with Retail Shop Leases Act: We ensure disclosure obligations are met for retail premises.
With decades of combined experience in commercial & property law, we translate complex legal language into actionable advice.
Landlord Legal Services
Landlords trust Aylward Game Solicitors to protect their property investment. Our services include:
- Drafting compliant commercial lease agreements
- Advising on rent reviews and market-rate adjustments
- Managing renewals, assignments and subleases
- Enforcing tenant obligations and recovering arrears
- Preparing notices to remedy breach of lease
- Resolving lease disputes through mediation or litigation
Our proactive approach prevents problems before they arise.
Tenant Legal Services
We act for tenants ranging from start-ups to established enterprises across Queensland. Our tenant services include:
- Reviewing draft leases and negotiating fairer terms
- Advising on outgoings, fit-out contributions, and make-good obligations
- Assisting with lease assignment, renewal, and termination
- Representing tenants in rent disputes and contract breaches
Tenants gain peace of mind knowing they’re not signing away their rights or locking into unfavourable terms.
Commercial Lease Dispute Resolution
Even with the best drafting, disputes can arise. Our litigation and dispute-resolution team—led by Mark Game, a seasoned commercial lawyer—handles matters involving:
- Breach of lease and termination
- Rent arrears and outgoings claims
- Disputes over repair and maintenance
- Option to renew and rent review disagreements
- Retail lease disclosure breaches
We prioritise negotiation and mediation before court proceedings, saving you time and cost.
The Aylward Game Solicitors Advantage
- 80 Years’ Collective Experience in commercial, business, and property law
- Personal Service: You’ll work directly with senior lawyers—not juniors or paralegals
- Comprehensive Coverage: Offices in Brisbane, Gold Coast, and Sunshine Coast
- Holistic Support: Integration with our Business Law, Conveyancing, and Dispute Resolution teams
Our focus is achieving outcomes that make commercial sense and stand the test of time.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
About Mark Game – Commercial Law Expert
Mark Game, Founder of Aylward Game Solicitors, is a highly respected solicitor with extensive expertise across Property Law, Commercial & Business Law, Banking & Finance, and Vendor Finance arrangements.
He has practised in both large national firms and as Senior Legal Counsel for Queensland Industry Development Corporation (now Suncorp Metway). His experience across leasing, finance, and dispute resolution enables him to approach every lease from both legal and commercial perspectives.
Mark is admitted to practise in the Supreme Court of Queensland and the High Court of Australia, and is a Member of the Queensland Law Society.
His strategic insight ensures that clients—whether landlords or tenants—benefit from watertight agreements and swift dispute resolution.
Step-by-Step Commercial Lease Process
- Initial Consultation: Understand your objectives and review any draft lease.
- Due Diligence: Identify potential legal, financial, or property risks.
- Drafting & Negotiation: Create a legally sound, commercially practical agreement.
- Execution: Ensure all disclosure and statutory obligations are satisfied.
- Ongoing Support: Assist with renewals, disputes, or variations during the lease term.
At Aylward Game Solicitors, we manage every stage efficiently, ensuring compliance and protection.
Why Choose Aylward Game Solicitors for Commercial Leasing
- Decades of Local Experience – Deep understanding of Queensland property law
- Tailored Advice – No “one-size-fits-all” templates
- Transparent Fees – Fixed-fee structures wherever possible
- Trusted Team – Long-standing reputation across Brisbane’s business community
From drafting the simplest commercial lease agreement contract to resolving complex commercial property lease disputes, we deliver solutions that help your business thrive.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
FAQs: Commercial Lease Lawyers Brisbane
What is a commercial lease agreement?
A commercial lease agreement is a legally binding contract outlining the terms under which a tenant occupies commercial premises owned by a landlord.
Do I need a lawyer for a commercial lease in Queensland?
Yes. Legal advice ensures your lease complies with Queensland laws and prevents future disputes or financial loss.
What laws govern commercial leases in Queensland?
The Property Law Act 1974 (Qld) and Retail Shop Leases Act 1994 (Qld) regulate most commercial and retail leases.
Can a landlord increase rent during a lease?
Only if the lease allows it—commonly through fixed or market-review clauses. Your lawyer should confirm legality and calculation methods.
What is a “make-good” clause?
It’s a requirement for tenants to restore premises to original condition at lease end. Clear terms prevent later disputes.
Who pays for repairs and maintenance?
Usually, tenants cover day-to-day upkeep while landlords handle structural repairs. This must be defined in the lease.
Can a tenant transfer their lease?
Yes, with landlord consent. Assignments or subleases must meet disclosure and financial requirements.
What happens if a tenant defaults?
Landlords can issue a notice to remedy breach and, if unresolved, terminate the lease and recover damages.
Are retail leases different from commercial leases?
Yes. Retail leases have additional protections for tenants under the Retail Shop Leases Act 1994 (Qld).
How do I get legal help for a commercial lease in Brisbane?
Contact Aylward Game Solicitors on 07 3236 0001 or visit aylwardgame.com.au for an initial consultation.
Was this article helpful?
YesNo
SHARE THIS