Commercial & Retail Leasing Lawyers
Clear, practical leasing advice for landlords and tenants — retail, commercial and industrial.
At Chidiac Legal, we help businesses across NSW negotiate, document and manage leases with confidence. Whether you’re fitting out a new retail store, securing an office or industrial site, or managing a portfolio, we focus on commercial outcomes, plain‑English documents and transparent fees.
How We Help Landlords (Lessors)
We act across the full leasing lifecycle — from heads of agreement and fit‑out, to renewals, assignments and disputes.
Heads of Agreement & Agreement for Lease
conditions precedent, approvals, landlord/tenant works, incentives and milestones.
Lease drafting & disclosure
compliant retail shop leases and disclosure statements under the Retail Leases Act 1994 (NSW).
Rent & reviews
fixed %, CPI or market reviews; ratchet clauses; incentives and abatements documented in incentive deeds.
Outgoings & taxes
clear treatment of outgoings, utilities, insurance and (where permitted) land tax.
Security
bank guarantees, cash bonds, director guarantees and PPSR where applicable.
Fit‑out & make‑good
standards, approvals, reinstatement and refurbishment obligations.
Options, relocation & demolition
clear triggers, notice periods and compensation mechanics (retail).
Assignments, subleases & variations
consent processes and release/continuing liability.
Registration
arranging execution, stamping and registration of leases with NSW Land Registry Services.
Enforcement & recovery
breach notices, re‑entry/termination, arrears recovery and possession proceedings.
How We Help Tenants (Lessees)
Pre‑lease due diligence
permitted use, zoning/approvals, services, signage and make‑good risk.
Lease & disclosure review
plain‑English advice and negotiation strategy (retail and commercial).
Fit‑out & incentives
scope, landlord works, access, contributions, rent‑free and incentive deeds that actually reflect the deal.
Outgoings & hidden costs
what’s included, excluded and capped; maintenance vs capital; base building vs tenant items.
Renewals & options
dates you can’t miss, valuation mechanisms and market review processes.
Assignments & subleases
consent requirements, release from guarantees and assignment checklists.
Registration & security of tenure
protecting your interest by registering longer leases.
Disputes
negotiation, mediation (including via the NSW Small Business Commissioner for retail) and representation at NCAT and courts where required.
Understanding a Tenants Rights and Responsibilities
As the tenant or ‘lessee’, you have a range of rights and responsibilities under the lease agreement and relevant state/territory legislation. This includes obligations around:
- Paying rent and outgoings on time
- Maintaining the condition of the premises
- Adhering to permitted use clauses
- Obtaining landlord consent for any alterations
Failing to fulfil your duties as the lessee can lead to serious consequences, including potential lease termination. We can ensure you understand and comply with all your leasehold obligations.
Transferring the Lease: Assignment and Sublease
If you need to vacate the premises before the lease term is up, you have a couple options:
- Assignment of Lease – You can transfer the entire lease to a new tenant, with the landlord’s consent. This effectively hands over all your rights and responsibilities to the assignee.
- Sublease – You can rent out all or part of the premises to a subtenant, while you remain the primary lessee accountable to the landlord. An Assignment of Sublease would then transfer the sublease to a new subtenant.
We can advise on the legal formalities and implications of lease assignments and subleases.
Resolving Lease Disputes in NSW
Conflicts can arise between lessees and landlords over issues like rent increases, repairs, or termination. In these situations, you may need to engage the NSW Civil and Administrative Tribunal (NCAT) which deals with disputes involving leases for residential premises and retail shop leases.
Our experienced litigation lawyers can represent you in tribunal proceedings and work to achieve the best possible outcome, whether that’s obtaining compensation, variations to the lease, or consent to terminate.
Frequently Asked Questions
For Landlords (Lessors)
A bank guarantee or cash bond (often 3–6 months’ gross rent) and, for company tenants, a director’s guarantee. Ensure the lease allows draw-down on default, sets replacement timeframes, and states when security is returned.
Retail leases restrict recovery and require accurate disclosure; commercial leases are by agreement. Itemise recoverable costs and, if land tax is recoverable, say so expressly and make sure the disclosure statement matches.
Choose fixed %, CPI, or market. For market reviews, set assumptions and a valuer process. In retail, clauses that prevent a decrease (so-called ratchets) are generally unenforceable.
Consent can’t be unreasonably withheld (retail has specific timeframes). Set objective criteria (financials, experience, guarantees), require an assignment deed, and decide on release vs continuing liability for the outgoing tenant.
For Tenants (Lessees)
Retail leases are governed by the Retail Leases Act 1994 (NSW) and include additional protections and disclosure obligations. Commercial/industrial leases are largely a matter of contract (and general law) with fewer prescribed rules.
If the term (including any option periods actually granted) is more than three years, registration with NSW Land Registry Services is strongly recommended to protect your interest and provide priority against third parties.
Retail leases restrict what can be recovered from tenants. Commercial leases are negotiable. We’ll clarify what’s permitted and ensure the drafting matches the deal.
Common mechanisms are fixed percentage, CPI or market rent reviews (often at renewal). Each method has pros/cons and may include caps, floors or ratchets.
Your obligation at the end of the lease to reinstate the premises (e.g., remove fit‑out, repair and repaint). The scope should be defined early to avoid surprises.
Most must first go to mediation (often via the NSW Small Business Commissioner). If unresolved, matters can proceed to NCAT or the courts depending on the issue.
Why Choose Chidiac Legal for Your Leasing Needs
We serve a diverse range of clients, including entrepreneurs, small and medium-sized enterprises (SMEs), multinational corporations, franchisors, franchisees, licensors, and licencees. Our clients come from various industries, including retail, hospitality, healthcare, technology, and manufacturing, and they come to us because of the value we provide.
Contact us to find out why our clients continue to trust us to help their businesses and business goals succeed.
Knowledge
Experienced leasing lawyers with deep knowledge of NSW retail, commercial and industrial leasing.
Tailored Solutions
Advice and documents shaped to your premises, industry and risk profile — not generic templates.
Courtroom prowess
Seasoned negotiators and litigators: we aim to resolve commercially, and act decisively if disputes escalate.
Client-Centric Approach
Clear communication, responsiveness and plain‑English advice at every stage, with transparent fees and timelines.
Comprehensive Services
End‑to‑end support: heads of agreement, AFLs, leases, disclosure, assignments, compliance and disputes.
Contact Chidiac Legal for Lease Matters in NSW Today
Our experienced property lawyers can provide guidance on all aspects of leasing in NSW and throughout Australia.
Contact us to book a consultation today – before you create or enter into the next lease.
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