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Queensland regulation
This is a Queensland regulation that sets out the detailed rules for how retail shop leases must work in practice. It operates under the Retail Shop Leases Act (the parent law) and primarily affects anyone renting a shop to run a retail business — think cafes, clothing stores, hairdressers, newsagents — and the landlords (lessors) who lease those premises to them.
Before a retail lease is signed, landlords must give tenants a detailed written disclosure statement — essentially a 'truth document' about what they're signing up for. This must cover:
Prospective tenants must also provide their own disclosure statement — about their retail experience, financial capacity, and what promises they're relying on from the landlord.
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Direct links to the current provisions in Retail Shop Leases Regulation 2016.
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View on official registerSourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
If an existing tenant wants to sell their business and transfer the lease to someone new (called an 'assignment'), both the outgoing tenant and the incoming tenant must complete disclosure statements. The outgoing tenant must reveal things like rent arrears (unpaid rent), any rent deals they had, sales figures for the last 3 years, and whether there are any debts attached to the shop fittings.
Before signing, prospective tenants and incoming assignees must get reports from both an accountant and a lawyer confirming they've received proper advice. The accountant must cover financial viability; the lawyer must cover legal obligations, relocation rights, demolition clauses, and what happens at the end of the lease.
The regulation defines which types of businesses count as 'retail' (using a schedule/list). Wholesale businesses are explicitly excluded.
If a landlord and tenant have a dispute, they can apply for mediation (a structured negotiation process with an independent mediator). The fee is 350 fee units (split equally), but this can be waived if paying would cause financial hardship — or waived for whole industries/regions affected by natural disasters or emergencies.
Parties can also request the mediation date be shifted by up to 7 days, ask for related disputes to be heard together, and agree to conduct mediation via phone or video call.