Reading time: 4 minutes

Welcome to Part 2 on changes to the retail shop leasing laws in Queensland. In today’s part we will discuss the proposed amendments to the disclosure requirement, along with changes to the conditions around market rent reviews.

Disclosure requirements

Under the amended disclosure requirements, lessees may now notify lessors of their intention to waive their one-week disclosure period provided the following occurs before entering the lease:

  • The landlord provides the tenant with a disclosure statement; and
  • The tenant provides the landlord with its notice of waiver and, provided the tenant is not a government body or a ‘major lessee’, a legal advice report that acknowledges having received advice about the meaning of the waiver.

Lessees may also request an up-to-date version of the disclosure statement from the lessor if they intend on granting a franchise licence or subleasing the premises. The lessor will have 28 days to respond to this request.

In terms of disclosure requirements relating to options, lessors will be required to provide an up-to-date version of the disclosure statement in no more than 7 days after the lessee gives its notice to exercise an option to the lessor. A lessee also has the option of withdrawing its notice to exercise an option, provided it does so within 14 days of receiving from the lessor an up-to-date version of the disclosure statement.

If the lessor fails to meet its disclosure requirements, for example, failing to provide the disclosure statement or providing one that is defective, the lessor can end the lease and have the lessor pay compensation for failing to meet these requirements. This will now extend to when a lessee exercises a renewal option. Of course, the lessor, upon receiving such a notice to have the lease terminated within 6 months, may object to this notice with its own notice, and will do so on the already existing grounds available under the Act. The lessee then either accepts or rejects this notice to object to its initial termination notice, and must do so within 14 days. Failure to do so within this time period will mean the lease continues to operate and the lessee will be deemed to have accepted the objection notice. If the lessee rejects the objection notice, then QCAT will intervene in accordance with the dispute resolution provisions. The lease will continue to operate if the lessor is successful.

In addition, lessees will have to give the disclosure statement no fewer than 7 days prior to their entering the lease.

Disclosure requirement for assignments are also slightly different under the Bill. Assignors will now have to provide assignees with their disclosure statement no fewer than 7 days before whichever of the following events occur first:

  • The day on which the assignee enters the Sale of Business contract; or
  • The day on which consent to the assignment is sought from the lessor.

It’s also important to note that the assignee may notify its intention to waive its disclosure period under the following circumstances:

  • It has received a disclosure statement from the lessor;
  • It provides the lessor with a waiver notice, along with a legal advice report (when it is not a ‘major lessee’; and
  • The lessor is provided with a disclosure statement no fewer than 7 days prior to the assignee entering into the assignment.

Market Rent Reviews

Certain changes will also apply to the time periods for exercising an option. For example, if a lessee triggers an early market rent review, it will only have a period of 21 days to exercise its option once the market rent has been established.

Also, if a specialist retail valuer is appointed, he or she will have to set timelines of at least 14 days for both parties to respond to the submissions of one another. If either party does not provide these submissions on time, that party will be deemed not to have responded or made a submission.


Stay tuned for Part 3 on changes to the Retail Shop Leases Act (Qld). The following part will discuss a range of provisions, including marketing, compensation, refurbishments, penalties, disbursement and more! If you need to speak with a LegalVision leasing lawyer, or simply wish to get a quote, get in touch with our Client Care team on 1300 544 755.


Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards