Retail Shop Lease Forms - Queensland Small Business Commissioner

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Retail Shop Lease Forms for Queensland Retail Tenants and Landlords

Retail Shop Lease Forms for Queensland Retail Tenants and Landlords

Navigating retail shop leasing can be challenging for both tenants and landlords, but having the right forms and resources can make the process much easier. The official lease forms under the Retail Shop Leases Act 1994 are updated annually to improve clarity and provide access to valuable support services.

Essential Retail Shop Lease Forms

These are the Approved forms under the Queensland Retail Shop Leases Act 1994 and cover different aspects of retail shop leasing –

Form 7 – Lessor Disclosure Statement: Ensures lessors provide clear and accurate details about the premises and lease conditions. The Lessor disclosure statement must be given to the lessee by the lessor at least 7 days before the lessee enters into a retail shop lease – section 21B of the Retail Shop Leases Act 1994.
Note: there is no separate approved form of disclosure statement for the purposes of section 21C (Sublessor’s disclosure obligation to sublessee); or section 21D (Franchisor’s disclosure obligation to franchisee) of the Act.
Form 8 – Lessee Disclosure Statement: Allows tenants to confirm their understanding of the lease terms and disclose any issues. The Lessee Disclosure State
Form 9 – Disclosure Statement for Prospective Assignee: Provides essential information to potential assignees of a lease. If the lease assignment is in connection with the sale of the retail business by the assignor to the assignee, the Assignor Disclosure Statement must be given to the assignee at least 7 days before the assignee enters into the contract for the sale of the business. In any other case, the Assignor Disclosure Statement must be given to the assignee at least 7 days before the lessor is approached to consent to the assignment.
Form 11 – Financial Advice Report: Documents that the tenant has received independent financial advice about the lease. The Financial advice report must be completed by an accountant who is a qualified accountant (Corporations Act 2001). The Financial Advice Report must be given to the lessor by a prospective lessee/assignee before the lessee/assignee enters into a retail shop lease or assignment of lease – section 22D of the Retail Shop Leases Act 1994.
Form 12 – Legal Advice Report: Confirms that the tenant has received legal advice regarding their leasing arrangement. The Legal advice report must be given to the lessor by a prospective lessee/assignee before the lessee/assignee enters into a retail shop lease or assignment of lease. The Legal Advice Report must be completed by an Australian lawyer – section 22D of the Retail Shop Leases Act 1994.
Form 13 – Annual Estimate of Outgoings: The lessor must provide the lessee with an annual estimate of outgoings, detailing the expected expenses payable by the lessee for the upcoming year – section 38A of the Retail Shop Leases Act 1994.
Form 14 – Audited Statement of Outgoings: The lessor is required to give the lessee an audited statement of outgoings annually, outlining the actual expenses incurred, ensuring transparency and accountability – 38A of the Retail Shop Leases Act 1994.
Form 15 – Assignee Disclosure Statement to Assignor: This form must be provided by the prospective assignee to the assignor, offering necessary information about the assignee’s financial standing and business experience, facilitating informed decisions during lease assignment – section 22B Retail Shop Leases Act 1994.
Form 16 – Assignee Disclosure Statement to Lessor: Similar to Form 15, this statement is given by the prospective assignee to the lessor, ensuring the lessor is informed about the assignee’s credentials before consenting to a lease transfer – section 22C of the Retail Shop Leases Act 1994.

Updated information about dispute resolution pathways

Each of these forms now includes information on mediation and dispute resolution services provided by the Queensland Small Business Commissioner (QSBC) under the Retail Shop Leases Act 1994. If there is a dispute that arises with a retail shop lease, an option to resolve the dispute is to contact the QSBC and apply for mediation.

You can find a list of all these Retail Shop Lease Approved forms on the Queensland Government website here.

Our Director of Assistance, Peter Maddock, shares his expertise in these concise, 1-minute videos to help you navigate the challenges of commercial leasing.