Fair trading | Retail leasing of a business premises

Each business has different requirements and it's important to consider your business needs and priorities when deciding on a location for your business to lease.

Signing a retail lease is a large financial commitment so before you sign anything make sure you completely understand and agree with the clauses in the lease. It is advisable to also get good financial and legal advice before signing a retail lease.

You can get information from a solicitor, your local retail tenancy office, small or retail business association or the Fair trading office.

Some questions to consider when you are looking for a premises to lease for your business include:

• what are your business requirements, e.g. traffic, growth
• do you need licenses or permits for your business
• the term of the lease and are you granted an option at the end of the lease
• vacancy rates in the area
• physical condition of the premises
• fit out - are permissions and approvals required and who is responsible for paying
• is a security bond or deposit required
• insurance
• access - are there set hours for trading
• landlord's rights

If your lease imposes conditions that you feel are harsh and unnecessary you should familiarise yourself with the unconscionable conduct provisions of the Competition and Consumer Act 2010 (CCA).

State and territory governments all have laws protecting retail lease tenants. There are some specific differences among them, so make sure you are familiar with the relevant law. You can also contact the Australian Competition and Consumer Commission (ACCC) small business helpline on 1300 302 021.

State and territory governments all have laws protecting retail lease tenants. There are some specific differences among them, so make sure you are familiar with the relevant law.

Avoid expensive misunderstandings that could cost you and your business. The [DEPTNAME] have a helpful booklet with information for people considering signing a retail lease: Look before you lease: Avoid the pitfalls in retail leasing. Retail leasing of a business premises in your state and territory

Australian Capital Territory

• Leases: Commercial and Retail Handbook (PDF, 0.3MB) - guide for tenants and landlords to their rights and responsibilities under the Leases (Commercial and Retail) Act 2001.

New South Wales

• Retail tenancy - The Dispute Resolution Unit, incorporating Retail Tenancy Disputes, assists anyone involved with small business to prevent and resolve tenancy disputes.

Northern Territory

• Leasing business services - information for tenants, landlords and professionals advising business on the risks, rights and responsibilities associated with retail leasing.

Queensland

• Retail shop leasing - an overview of resources available to provide information on leasing.

South Australia

• Leasing commercial property - key features of the SA retail and commercial leasing laws.

Tasmania

• Retail tenancy - background provisions of the Code of Practice for Retail Tenancies.

Victoria

• Retail leasing - information about retail premises and signing a lease.

Western Australia

• Retail shop leases in Western Australia - information to assist prospective and existing small business lessees and lessors in leasing premises.