Renting a shop
Shops, cafes, salons, clinics — anywhere the public comes to you. Shop tenants get more legal protection than anyone else. The catch is that the law is different in every state.
The law is on your side, but only sometimes
Every state and territory has its own law protecting shop tenants. Where that law applies, it beats what your lease says. The landlord cannot take those protections away, even with a clause saying you agree to give them up.
But the law only helps you if it covers your premises. That depends on things that have nothing to do with your rent — how big the shop is, what you sell, whether you are in a shopping centre, and sometimes who your landlord is.
The same shop can be protected in one state and not in the next. A 400 square metre shop is covered in Queensland and not covered in Western Australia.
Working out whether the law applies to you is the first thing we do. It changes everything that follows.
What these laws usually give you
- Information before you sign. The landlord must give you a written summary of the costs and terms, a set number of days before you sign.
- A minimum lease length. In most states you are entitled to five years, unless a lawyer certifies that you have agreed to less.
- Limits on rent rises. Your rent cannot be written so that it can never go down at a market review.
- Control over outgoings. Costs you were never told about often cannot be charged to you.
- A cheap way to sort out arguments. Free or low-cost mediation, then a tribunal instead of a court.
Find your state
Tap your state to see what applies to you, in plain English. The full legal detail is there too if you want it.
This is a simplified summary of the law as at 6 August 2026. It does not cover every exception, and the law changes. Whether it applies to your shop is something we check as part of your advice.
What you get from us
You send us the lease and everything attached to it. A senior solicitor reads it, and you get four things back.
- 1Written advice you can act onPlain English, no Latin, no hedging. Every clause that could cost you money, what it means in practice and what it is likely to cost.
- 2Your obligations, listedWhat you have to pay, when, and what happens if you are late. Outgoings, rent reviews, make good, guarantees and insurance, set out in one place.
- 3A list of changes to ask forSpecific amendments, in order of importance, written so you can send them to the landlord or their agent as they are.
- 4A call with the solicitor who wrote itNot a paralegal and not a call centre. The person who read your lease answers your questions about it.
All of it for the fixed fee. If we think your situation needs more than preliminary advice, we say so before you pay anything.
Words you will see in your lease
Outgoings
The building costs the landlord passes on to you — council rates, water, insurance, cleaning, security. They are on top of the rent, and they go up.
Make good
What you must do to the premises before you leave. Often it means stripping everything out and putting it back the way it was, at your cost.
Option
Your right to stay on for another set period. You usually have to ask for it in writing, in a narrow window. Miss the window and you lose it.
Rent review
The moment your rent changes. It might go up by a fixed percentage, by inflation, or to market rate. Many leases say it can never go down.
Guarantee
A promise that you will personally pay if your business cannot. If you sign one, your own money and assets are behind the lease.
Disclosure statement
A summary the landlord must give you before you sign a shop lease, setting out the costs and the key terms. If it is missing or wrong, you may have rights.
$1,100
Including GST. One fee, agreed before we start, that does not change.
You get a written advice from a senior solicitor within 5 business days from receiving your documents. It points you to the clauses that matter, flags anything that is not standard, and tells you what you can push back on — plus a phone call to talk it through.
Not sure if yours counts as a shop?
That is one of the things we work out for you. If your premises turn out not to be covered by the shop laws, we advise you on the general law instead. The fee is the same either way: $1,100 including GST.