Retail leasing in Queensland is heavily influenced by the Retail Shop Leases Act1994 (Qld) (RSLA). Whether the RSLA applies depends on factors such as the nature of the premises and business, location, and statutory exclusions. If it applies, landlords face additional compliance requirements and tenants gain specific protections that cannot be contracted out of.

A central issue is disclosure. Landlords may be required to provide a disclosure statement and supporting information within the statutory timeframe. Defective or late disclosure can create tenant rights to terminate in limited circumstances and may affect recoverable outgoings. Tenants should treat disclosure as more than a formality—compare it against the draft lease and clarify any inconsistencies before signing.

Commercially, the most common friction points are rent review, outgoings, makegood, and assignment. Rent review clauses (CPI, market, fixed increases) affect long-term cost. Outgoings must be clearly stated, and tenants should confirm how estimates are reconciled. Make good provisions should be specific: condition at commencement, obligations on removal of fit-out, and treatment of wear and tear.

Dispute resolution also matters. The RSLA contemplates structured dispute pathways, including mediation processes. Proper drafting and early due diligence can reduce the likelihood of costly end-of-lease disputes and protect cash flow for both parties.