Whether you’re a landlord or a tenant, retail leasing in New South Wales is governed by a detailed and often technical framework. Getting the lease right at the start can save thousands of dollars—and a lot of headaches—later on.
At Thornton + King, our property lawyers regularly advise both landlords and tenants on all aspects of retail leasing. We make sure your lease reflects the commercial deal, complies with the Retail Leases Act 1994 (NSW), and protects your long-term interests.
What is a Retail Lease?
A retail lease is an agreement that gives a tenant the right to occupy retail premises—typically shops or businesses located in shopping centres, arcades, or high-street locations—in exchange for rent.
In NSW, most retail leases are covered by the Retail Leases Act 1994, which imposes strict rules on disclosure, rent reviews, outgoings, and renewal rights. Unlike standard commercial leases, the Act is designed to protect tenants and promote transparency between landlords and tenants.
For Landlords
As a landlord, your lease is one of your most important commercial assets. The right lease terms can safeguard your investment and maintain the value of your property.
We help landlords with:
Preparing retail leases, disclosure statements, and agreements for lease
Negotiating key commercial terms, including rent, rent review mechanisms, incentives, and fit-out obligations
Ensuring compliance with the Retail Leases Act 1994 (NSW)
Managing renewals, rent reviews, and variations
Advising on defaults, breaches, and termination rights
Enforcing lease terms and recovering possession or rent arrears
We take a proactive approach—balancing commercial flexibility with the need for security and compliance.
For Tenants
Entering into a lease is one of the biggest financial commitments for a retail business. A well-negotiated lease can mean the difference between a thriving store and an unprofitable one.
We assist tenants with:
Reviewing and negotiating the lease and disclosure statement before signing
Explaining complex clauses in plain English—so you understand exactly what you’re agreeing to
Negotiating fair rent review clauses, outgoings, and repair obligations
Advising on assignment, subletting, relocation, and demolition provisions
Managing renewals and exercising options to renew correctly
Resolving disputes with landlords quickly and cost-effectively
Our goal is to make sure you’re not taking on hidden risks or unfair obligations that could impact your business down the track.
Common Issues in Retail Leasing
Even experienced business owners can be caught out by leasing pitfalls such as:
Failure to comply with disclosure obligations—potentially rendering parts of the lease unenforceable
Ambiguous rent review clauses leading to disputes
Unexpected outgoings or make-good obligations
Misunderstanding options to renew and losing the right to extend the lease
Relocation and demolition clauses that allow a landlord to move or remove a tenant with little notice
These are avoidable with clear drafting, early advice, and proper negotiation.
Retail Lease Disputes
We handle disputes involving:
Rent arrears and termination
Repairs and maintenance
Outgoings and rent reviews
Option and renewal disagreements
Breaches of the Retail Leases Act
We focus on resolving disputes quickly—through negotiation where possible—to minimise disruption to your business.
Why Choose Thornton + King
Accredited property law specialists with experience in both landlord and tenant representation
Clear, commercial advice—we keep the legal jargon out of your way
Fixed-fee options for lease reviews and lease preparation
Sydney-based team with offices in Balmain, Willoughby and Hornsby
We make the law simple, so you can focus on running your business.
Speak With Our Retail Leasing Team
If you’re negotiating, renewing or disputing a retail lease, early legal advice can make all the difference.
Contact our property and commercial law team today to arrange a consultation. We’ll review your lease, explain your options, and help you protect your position—before problems arise.
