From December 1 2009 the Retail Shop Leases Registry and Tribunal will be amalgamating into the Queensland Civil and Administrative Tribunal.
Until then the Retail Shop Leases Registry and Tribunal will continue to handle any matters under the Retail Shop Leases Act (Qld).
Need help with a Retail Shop Lease or a Commercial Lease? Contact Dave Cheng.
{ 4 comments… read them below or add one }
Hi Andrew, I have recently changed my business structure from a partnership to a sole trader. Do I now have to cancel my abn and apply for a new one? If so can I use my business name or do I apply with my own name?
Thanks in advance.
Kerry
An ABN cannot be transferred. However if it is the same enterprise you may be able to continue to use it and just change the details. Check with the ABR (ATO).
Hello could someone please help me. My Wife and I have a Restaurant where our lease is about to expire. I have contacted the person in charge and they have told me that they will talk with the owners. I recieved a phone call today and the person in charge of this has told me that the owners are willing to do up a new lease but for more than we have now. It is actually $237 per week. this is a huge amount for small business. please let me know if there is a maximum percentage they can put the price up. They have just aquired the shopping village and have spent some money on it. For my opinion they want to try and et some of it back.
Thankyou Steve!
Here is a response from one of our Leasing Lawyers, Dave Cheng:
In Queensland a lease for a restaurant is a “retail shop lease” governed by the Retail Shop Leases Act (Qld).
If the lease is coming to the end, the landlord is required to provide a written notice (s. 46AA).
The notice can offer a new lease or tell the tenant that the landlord does not want to offer a renewal or extension of the lease. This must be given at least six months, but no longer than one year, before the lease ends.
If the landlord does not give notice, the tenant can give a written notice to the landlord requesting a six month extension (and the lease will continue on same terms and conditions). The tenant’s notice must be given before the lease expires.
(Note: reduced timeframes apply for leases of less than one year.)
Generally, for new leases, parties are free to negotiate and set rent without any significant restriction. The landlord is therefore free to rent the premises (to you / someone else) at an amount of his/her own choice.
You should check your lease carefully. If the lease contains an option to renew, you may want to renew the lease, so long as you do it within the time limit set by the lease, because rent must be increased in accordance with the method set out in the lease.
We recommend you should take prompt legal advice, which we will be happy to provide. If you wish to engage us, please contact our Client Services Manager, Bronwyn Beveridge of our office on 07 3252 0011.
Our Property Law and Leasing team assist landlords (lessors) and tenants (lessees) with all Retail Shop Leases and Commercial Leases.