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Conveyancing across Australia

Retail lease review and advice

Retail lease lawyers in Sydney

Aquarius Lawyers advises retail landlords, tenants and business purchasers on lease drafting, review, disclosure and negotiation for premises in Sydney and NSW. Start before you sign, renew, assign or exit.

Send the draft or signed lease, disclosure material and the next date. Aquarius Lawyers will confirm the available work in writing.

A model retail property and floor plans prepared for a retail lease review
What to sendYour lease, premises and next key date
Your role
Landlord, tenant or business purchaser
Lease stage
Draft, renewal, assignment, dispute or exit
Next date
Disclosure, signing, option or notice deadline

Your written retail lease scope can include

  • Documents and clauses to review
  • Drafting, advice or negotiation work included
  • Professional fees, GST and likely external charges

This page covers retail leases in Sydney and NSW. Aquarius Lawyers provides conveyancing across Australia. For property in another state or territory, explore our national conveyancing services or send a national property enquiry and select your property's jurisdiction. Aquarius Lawyers will confirm the available work and costs in writing.

What retail lease lawyers review

Know your retail lease obligations before you sign or act

A retail lease sets the rent and other occupancy costs. It can also control how you use the premises, who completes and pays for work and what happens when the tenancy changes or ends. Your written scope will identify the documents and questions Aquarius Lawyers will review.

Retail premises plans, lease papers and a measuring rule
Retail premises file

The premises, proposed use, disclosure material and negotiated lease need to be read together.

Disclosure

Disclosure statements

Check what is recorded about the premises, term, costs, works, trading hours and known disruption.

Occupancy cost

Rent, outgoings and reviews

Read the base rent, increases, review method, operating expenses and payment dates.

Time

Term, options and renewal

Check the lease term, option conditions, notice dates and renewal process.

Premises

Permitted use, fit-out and repairs

Examine the authorised use, approvals, works, access, repair and reinstatement obligations.

Change

Assignment and business sale

Review consent conditions, transfer steps, disclosure, guarantees and continuing obligations.

Exit

Default, disputes and make-good

Read the notice, remedy, termination, surrender and end-of-lease clauses before acting.

Retail leasing rules in NSW

First confirm whether the Retail Leases Act applies.

Coverage depends on the premises, proposed use and current statutory rules. Do not rely only on the title printed on the lease.

The premises may be a retail shop

Read the Act and disclosure material with the lease.

A covered retail lease can carry disclosure requirements and statutory limits alongside the negotiated terms.

  • Describe the premises and proposed business use.
  • Send the lessor and lessee disclosure statements.
  • Flag the date each document was provided or signed.

Coverage is unclear

Check the facts before choosing a legal service.

The use, premises and exclusions can affect whether the retail leasing framework applies. The lease terms still need review if it does not.

  • Send the property address and floor-area information.
  • Describe the business activity in plain language.
  • Identify the signing, renewal, assignment or exit deadline.
View commercial lease services

How to get legal help

Four steps to a written retail lease scope

The help you need depends on whether the lease is being drafted, reviewed, negotiated, renewed, assigned, disputed or ended. Start with the document and deadline.

Request a retail lease scope
  1. 1

    Share the retail context

    Provide the premises, business use, parties, your role and the current lease stage.

  2. 2

    Send the documents

    Include the lease or heads of agreement, disclosure statements, variations and relevant correspondence.

  3. 3

    Name the decision

    State whether you need drafting, review, negotiation, renewal, assignment, make-good, dispute or exit advice.

  4. 4

    Review the written scope

    Check the proposed work, professional fees, GST, likely external charges and exclusions before instructing Aquarius Lawyers.

Common questions

Answers about disclosure, costs and lease changes

These answers are general. Your advice will depend on the premises, business use, lease documents and work Aquarius Lawyers agrees to complete.

What does a retail lease lawyer review?

The agreed review may cover the lease and disclosure statements, rent and outgoings, rent reviews, the term and options, permitted use, fit-out, repairs, security, assignment, default, termination and make-good. The written scope should identify the documents, work and exclusions for your matter.

When should a tenant receive a retail lease disclosure statement?

NSW Small Business Commissioner guidance says a lessor must give the written disclosure statement to the lessee at least seven days before the lease is entered into. The lessee must then provide its disclosure statement within seven days of receiving the lessor statement or request more time. Obtain advice about the current Act, the documents and any timing issue in your matter.

How do I know whether the Retail Leases Act 1994 (NSW) applies?

Coverage depends on the premises, proposed use and the current Act, including its exclusions. A document called a commercial lease may still concern retail premises, while not every shop tenancy is necessarily covered. Send the premises details and proposed business use so the position can be checked.

Who pays the legal costs for a retail lease in NSW?

The Retail Leases Act 1994 (NSW) restricts a lessor from recovering certain expenses connected with preparing a covered retail lease, but other legal work and third-party costs may still arise. The lease, transaction and requested work should be reviewed before either party agrees who pays a cost.

Can a retail lease lawyer help with an assignment or business sale?

Yes, subject to the documents and accepted scope. An assignment can involve the lease consent process, disclosure, financial information, guarantees, release questions and the business-sale timetable. Send the signed lease, variations, proposed assignment material and key dates.

How much does retail lease legal advice cost?

The fee depends on the lease stage, document and work requested. Reviewing a draft, preparing documents, negotiating changes, handling an assignment or advising on a dispute can involve different work. Ask Aquarius Lawyers for a written scope showing professional fees, GST, likely third-party charges and exclusions before you proceed.

Katherine Hawes, Principal Solicitor of Aquarius Lawyers, meeting with a client
Content reviewer

Reviewed by Katherine Hawes

LLB, LLM · Principal Solicitor, Aquarius Lawyers

Katherine reviewed this page's retail lease, disclosure and scope information for Sydney landlords, tenants and business purchasers.

Last reviewed 13 September 2026. General information only; obtain advice about your contract and transaction.