Retail lease disclosure review — Queensland
Queensland has a distinctive double-disclosure regime — both lessor and lessee disclose. This checklist covers the 12 areas where disclosure and certificate compliance most commonly fail.
This is a 12-step checklist for reviewing a Queensland retail lease disclosure under the Retail Shop Leases Act 1994 (Qld). It covers lessor disclosure, lessee disclosure (unique to Queensland), the 7-day cooling-off, legal and financial advice certificates, and QCAT as the dispute forum. Use it on every Queensland retail shop lease.
The checklist
Confirm retail shop status
Confirm the premises fall within the definition of a retail shop under the RSLA (type of use, size, location).
Lessor disclosure — 7 days before entry
Lessor must provide a draft lease plus disclosure statement at least 7 days before the lessee enters the lease.
Confirm disclosure uses the approved form
The disclosure statement must be in the approved form with all required particulars.
Review outgoings particulars
Outgoings categories and estimates must be provided. Non-disclosed outgoings are not recoverable.
Review proposed improvements/adjoining premises
Proposed improvements, alterations, or significant works in adjoining premises must be disclosed.
Lessee disclosure
Lessee must give the lessor a lessee disclosure before entering the lease (unique Queensland feature).
Legal advice report
Lessee must obtain and provide a legal advice report before entering the lease.
Financial advice report
For non-major lessees, a financial advice report is also required before entering the lease.
7-day cooling-off
Lessee has a 7-day cooling-off period after entering the lease unless both legal and financial advice reports have been provided.
Disclosure defects and remedies
Late or defective disclosure may entitle the lessee to terminate in the first 6 months of the lease.
Updated disclosure on renewal/assignment
Updated disclosure required on renewal, extension, or assignment.
Dispute pathway via QCAT
Retail tenancy disputes are resolved through mediation by the Small Business Commissioner and then QCAT.
When this checklist applies
Use this checklist on every Queensland retail shop lease. Both parties should run through it before signing — lessee disclosure is often missed.
Common pitfalls
- Lessee disclosure omitted — entry despite non-compliance
- Legal advice report missing — cooling off extended
- Outgoings items not itemised
- Approved form not current
- Disputes lodged in Supreme Court instead of QCAT
Run this checklist on a real matter
Quillio checks Queensland retail disclosures against the RSLA, drafts lessee disclosure statements, and prepares legal/financial advice reports. See /practice-areas/property-lawyers or start a free trial.
The Retail Shop Leases Act is amended from time to time. Use this checklist with the current approved disclosure forms.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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