SA commercial lease review and registration checklist
South Australian commercial leases over retail premises are regulated by the Retail and Commercial Leases Act 1995. This checklist is for SA lawyers acting for landlords or tenants on commercial and retail leases.
This is a 12-step South Australian checklist for reviewing and registering a commercial or retail lease. It covers disclosure under the Retail and Commercial Leases Act 1995, term, rent review, outgoings, make-good, GST, and Lands Titles Office registration.
The checklist
Confirm whether RSCL Act applies
Check occupancy cost, premises use, and tenant turnover to determine if the lease is retail under the Act.
Check lessor disclosure statement
Confirm the lessor provided a disclosure statement at least 14 days before the lease was entered into.
Verify minimum 5 year term
If the Act applies, confirm the term (with options) is at least 5 years or that the Small Business Commissioner has certified a shorter term.
Review permitted use clause
Check the permitted use is specific and aligns with the tenant’s operations and council approvals.
Check rent and rent review mechanism
Review base rent, review method (CPI, market, fixed), and confirm ratchet clauses are not used.
Review outgoings and apportionment
Confirm outgoings are disclosed, apportioned on a reasonable basis, and do not currently include prohibited items such as land tax.
Assess make-good and refurbishment obligations
Review the make-good clause and any refurbishment or fit-out requirements against the tenant’s operations.
Check bank guarantee or bond
Confirm the security bond amount, form (bank guarantee preferred), and release conditions.
Review GST and going concern
Confirm GST treatment on rent and outgoings and address any going-concern supply for assignments.
Calculate stamp duty on the lease
South Australia abolished lease duty in 2003 but check assignment or premium payments and any surcharge.
Prepare lease for Lands Titles Office registration
Where the term plus options exceeds 1 year, prepare the lease for registration with Lands Titles Office.
Diarise key dates and option windows
Record rent review dates, option exercise windows (6–12 months), and end-of-term make-good notice deadlines.
When this checklist applies
Use for every SA commercial or retail lease — landlord or tenant side, new lease, assignment, or renewal.
Common pitfalls
- Assuming the RSCL Act does not apply without checking occupancy cost
- Missing the 14-day disclosure window — penalties and tenant termination rights follow
- Allowing land tax as a recoverable outgoing (prohibited under the Act)
- Using ratchet clauses in rent reviews — void under the Act
- Missing the option exercise window and losing the renewal
Run this checklist on a real matter
Quillio reviews SA retail leases against the 1995 Act, flags non-compliant clauses, and drafts disclosure statements on a live matter. See /practice-areas/property-lawyers or start a free trial.
General guidance for SA commercial and retail leases. Adapt for shopping centre leases, sub-leases, and pure office leases outside the Act.
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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