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Level 1, 11 Annand St, Toowoomba QLD 4350
Enterprise Legal
Enterprise Legal Enterprise Legal

Leasing & Sub-Leasing

LEASING & SUB-LEASING LAWYERS

Leasing & Sub-Leasing Services Across Queensland

Empty railway tracks during sunset in Toowoomba, Queensland, with surrounding greenery and mountains.

Leasing is the backbone of many businesses and property investments across Queensland, but it’s an area full of hidden risks, complex laws, and significant financial stakes. Whether you’re a landlord or a tenant, signing a lease isn’t just paperwork; it’s entering a long-term legal and commercial relationship that can affect your business for years.

At Enterprise Legal, our team of experienced property and commercial lawyers helps clients across Queensland navigate all aspects of leasing and sub-leasing. We handle everything from new leases to variations, extensions, surrenders, agreements for lease, and lease disputes, all with fixed or capped fees wherever possible.

Whether your premises are commercial offices, retail shops, industrial warehouses, or rural properties, we ensure your lease agreements are legally sound, commercially sensible, and tailored to protect your interests.

Types of Leasing Services We Provide

COMMERCIAL LEASING

We assist landlords and tenants with all types of commercial leasing, including:

  • office spaces in commercial buildings
  • mixed-use developments
  • fitout obligations and approvals
  • make-good requirements at lease end
  • negotiating lease incentives (e.g. rent-free periods, contributions to fitout costs)
  • market rent review mechanisms
  • assignment and sub-leasing rights
  • compliance with the Property Law Act 2023

A “standard” lease rarely suits every commercial tenant. We draft and negotiate leases that reflect your unique business or investment needs and avoid costly surprises down the track.

INDUSTRIAL LEASING

Industrial leases come with unique challenges and risks, including:

  • warehouses and logistics facilities
  • manufacturing premises
  • site-specific safety obligations
  • environmental compliance issues
  • repairs, maintenance, and outgoings
  • heavy equipment and plant use
  • hazardous material storage

We help both landlords and tenants structure industrial leases to allocate risk fairly and comply with relevant laws.

RETAIL LEASING

Retail leasing in Queensland is governed by the Retail Shop Leases Act 1994, which imposes strict rules around:

  • mandatory disclosure obligations
  • prohibited lease clauses
  • rent review restrictions
  • trading hours and operation requirements
  • dispute resolution processes via QCAT

Whether you’re a landlord or a retail tenant — including franchisees — you need specialist legal advice to ensure your lease is compliant and protects your commercial interests.

RURAL LEASING

Rural leases involve unique considerations, such as:

  • agistment agreements
  • cropping and grazing leases
  • terms tied to seasonal conditions
  • lease rights connected to water allocations
  • ministerial consent requirements for state leasehold land
  • biosecurity obligations
  • succession planning and family arrangements

Our team helps both landowners and tenants structure rural leases that balance commercial viability with agricultural realities.

SUB-LEASING

Sub-leasing allows tenants to rent out all or part of their leased premises to another party. However, sub-leases:

  • require landlord consent in most cases
  • must comply with the head lease terms
  • can trigger obligations under the Retail Shop Leases Act for retail premises
  • often need to be registered for enforceability

We help landlords and tenants draft and negotiate sub-leases that protect their interests and avoid conflicts with the head lease.

Why Professional Leasing Advice Matters

Many businesses rely on “standard lease templates” or think lease negotiations are purely commercial. In reality, leasing is one of the biggest legal and financial risks businesses face. Poorly drafted or misunderstood leases can lead to:

  • unexpected rent increases
  • onerous make-good obligations
  • costly disputes over repairs and maintenance
  • issues with security deposits
  • restrictions on transferring or sub-leasing your lease
  • compliance breaches under the Retail Shop Leases Act

At Enterprise Legal, we ensure your lease:

  • is tailored to your property and business circumstances
  • complies with all relevant laws
  • protects you from hidden traps
  • reflects your commercial goals

Our Leasing Legal Services

Enterprise Legal provides fixed or capped fee services wherever possible for:

  • drafting new leases for landlords and tenants
  • reviewing and advising on proposed lease terms for tenants
  • preparing disclosure statements under the Retail Shop Leases Act
  • negotiating lease incentives, rent structures, and commercial terms
  • acting in variations, extensions, or surrenders of existing leases
  • drafting and negotiating Agreements for Lease to secure premises before construction or conditions are satisfied
  • preparing deeds of assignment and novation for lease transfers
  • assisting with sub-leasing arrangements and required consents
  • liaising with accountants regarding tax and accounting impacts of leases
  • handling leasing disputes, breach notices, and terminations
  • representing clients in lease-related disputes before QCAT, courts, or mediation

Leasing services are not one-size-fits-all. We deliver commercially focused, sector-specific advice designed to protect your long-term interests.

Speak With Our Property Team

Call Us Today
(07) 4646 2621
THE EL DIFFERENCE

Why Choose Enterprise Legal for Leasing Matters?

Your matter is handled by lawyers with deep expertise in leasing across all sectors.
We understand sector-specific leasing challenges across retail, industrial, commercial, and rural sectors.
We balance legal protection with commercial reality, ensuring your lease works in practice, not just on paper.
We provide cost certainty so you can budget with confidence.
We meet with clients in our office or via Teams, ensuring clarity and convenience.
If a lease dispute arises, we seamlessly transition from drafting to representing you in negotiations, mediation, or court proceedings.
GOT A QUESTION?

Leasing & Sub-Leasing FAQs

Need advice about a lease, sub-lease, or Agreement for Lease? Book a consultation with our experienced leasing lawyers today and protect your commercial interests.

Professional woman handing over legal documents at law firm in Toowoomba, Queensland.
Do I Really Need a Lawyer for a Commercial Lease?
Yes. Even “standard” leases often hide risks like:
• unfair make-good clauses
• restrictions on transferring the lease
• unexpected rent reviews or outgoings
A lawyer ensures your lease reflects your business’s needs and protects you from costly disputes.
What is the Retail Shop Leases Act?
The Retail Shop Leases Act 1994 (Qld) governs leases for many retail businesses, including:
• disclosure obligations
• prohibited lease terms
• limits on rent reviews
Non-compliance can result in financial penalties or unenforceable lease clauses. We ensure your retail lease complies with the Act and protects your interests.
Can I Sub-Lease My Premises?
Possibly — but:
• you usually need landlord consent
• your sub-lease must comply with the head lease
• there may be legal restrictions under the Retail Shop Leases Act
We can help draft a sub-lease and obtain required approvals.
How Are Industrial Leases Different from Commercial Leases?
Industrial leases often involve:
• site-specific risks (e.g. contamination, heavy equipment)
• stricter maintenance obligations
• environmental compliance clauses
We ensure your lease covers these unique risks.




What is an Agreement for Lease?
An Agreement for Lease is a contract where parties agree to enter into a lease once certain conditions are met, such as:
• completion of construction works
• landlord obtaining planning approvals
• fitout works being finalised
It’s critical that Agreements for Lease are drafted precisely to protect your rights and outline clear timelines and obligations. We regularly draft and negotiate these documents for both landlords and tenants.