--- title: "Commercial Lease Disputes in Queensland | Astris Law" url: https://www.astrislaw.com/article/commercial-lease-disputes-queensland description: "Commercial lease dispute in Queensland? Rent reviews, make good, retail shop leases and the choice between mediation and court, for tenants and landlords." lang: en-AU --- Skip to main content ← Back to Articles: https://www.astrislaw.com/articles | Property →: https://www.astrislaw.com/practice/property Publication 10 February 2026 • 5 min read # Commercial Lease Disputes in Queensland: Tenant and Landlord Rights ## Summary Commercial lease disputes are among the most common property-related matters in Queensland. This article covers the Retail Shop Leases Act 1994, common dispute triggers, QCAT jurisdiction and practical strategies for landlords and tenants. Last reviewed 12 October 2026 · Reviewed by Jamie Nuich (https://www.astrislaw.com/attorney/jamie-nuich), Legal Practitioner Director · Published 10 February 2026 ## Key Takeaways - The Retail Shop Leases Act 1994 (Qld) provides important protections for retail tenants that do not exist at common law, including mandatory disclosure statements, restrictions on outgoings recovery and dispute resolution through the Queensland Civil and Administrative Tribunal (QCAT). - Landlords must comply with strict notice and cure requirements before exercising forfeiture rights, and tenants may apply for relief from forfeiture under the Property Law Act 2023 (Qld), which replaced the Property Law Act 1974 (Qld) on 1 August 2025. - Common dispute triggers include disagreements over outgoings calculations, make-good obligations at lease end, options to renew and alleged breaches of exclusive use clauses. - QCAT has jurisdiction to hear retail lease disputes under the Retail Shop Leases Act 1994, offering a faster and less expensive alternative to court proceedings for tenants and landlords. Image: A commercial tenancy, illustrating lease disputes between Queensland tenants and landlords (https://www.astrislaw.com/images/articles/commercial-lease.jpg) In This Article 1. 1. When Does the Retail Shop Leases Act 1994 Apply? 2. 2. Common Triggers for Commercial Lease Disputes 3. 3. Dispute Resolution Options 4. 4. Caveats and Urgent Relief 5. 5. Conclusion Commercial lease disputes are common in Queensland. Whether it is a disagreement over rent reviews, make-good obligations, lease renewal rights or alleged breaches, both landlords and tenants need to understand their rights and obligations under the lease and the applicable legislation. In Queensland, the Retail Shop Leases Act 1994 (Qld) provides a specific framework of protections for tenants of retail premises, while the Property Law Act 2023 (Qld), which replaced the Property Law Act 1974 (Qld) on 1 August 2025, governs commercial leases more broadly. Astris Law advises both landlords and tenants on commercial lease matters, treating each dispute as part of the client's broader commercial position. **Facing a lease dispute as a tenant or landlord?** We act in commercial lease negotiations and disputes across Queensland. Call (07) 3519 5616 (+61735195616). ## When Does the Retail Shop Leases Act 1994 Apply? The Retail Shop Leases Act 1994 (Qld) ("RSLA") applies to leases of retail shops in Queensland. A retail shop is broadly premises in a retail shopping centre or premises used wholly or predominantly for carrying on a retail business, and section 5A (https://classic.austlii.edu.au/au/legis/qld/consol_act/rsla1994189/s5a.html) excludes some leases, including a lease of a retail shop with a floor area of more than 1,000 square metres. The RSLA provides significant protections for retail tenants that do not apply to standard commercial leases, including: - Mandatory disclosure statements that must be provided by the landlord before the lease is entered into - Restrictions on the types of outgoings that can be passed on to tenants - Specific rules governing rent review mechanisms - Protections relating to demolition, relocation and refurbishment of premises - A dispute resolution framework through the Queensland Civil and Administrative Tribunal (QCAT) Determining whether the RSLA applies to a particular lease is often the first and most critical question in a commercial lease dispute. Misclassification can result in landlords failing to provide mandatory disclosures or tenants not claiming protections to which they are entitled. Franchisees should take particular care, because franchise premises and lease (https://www.astrislaw.com/article/franchise-agreement-pitfalls-australia) arrangements often layer an occupancy licence over the head lease. ## Common Triggers for Commercial Lease Disputes ### Rent Reviews Disputes frequently arise when market rent reviews produce a figure significantly above or below the current rent. Under the RSLA, if the parties cannot agree on current market rent, either party may refer the matter to a specialist retail valuer. For non-RSLA commercial leases, the mechanism depends entirely on the lease terms, making the rent review clause one of the most important provisions in any commercial lease. ### Outgoings Landlords commonly recover operating costs from tenants through outgoings charges. Under the RSLA, landlords must provide tenants with expenditure estimates and annual statements, and certain categories of outgoings cannot be passed through to retail tenants. Disputes arise when tenants receive outgoings that are not properly disclosed, exceed estimates without justification or include categories that the landlord is not entitled to recover. ### Make-Good Obligations At the end of a lease, tenants are typically required to restore the premises to their original condition. The scope of make-good obligations depends on the lease terms and the condition report prepared at the commencement of the lease. Disputes commonly arise over the standard of reinstatement required, particularly where the tenant has made significant fitout works. ### Breach and Termination A landlord seeking to terminate a lease for breach must generally issue a notice to remedy, giving the tenant a reasonable opportunity to rectify the breach before taking further action. Under the Property Law Act 2023 (Qld), the tenant has the right to apply for relief from forfeiture, a court order allowing the lease to continue despite the breach. The availability of relief depends on the nature of the breach, whether it has been remedied and whether it is just and equitable to grant relief. ## Dispute Resolution Options ### QCAT (Retail Shop Leases) For disputes under the RSLA, the Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to hear and determine retail tenancy disputes. QCAT offers a more accessible and cost-effective forum than the courts. A retail tenancy dispute is first mediated through the Queensland Small Business Commissioner and proceeds to a QCAT hearing if mediation does not resolve it. QCAT can make orders including payment of money, compensation and declarations about the parties' rights. When and how lawyers can appear in the tribunal is covered in our guide to QCAT for retail lease disputes (https://www.astrislaw.com/article/qcat-lawyer-queensland) and other tribunal matters. ### Mediation Many commercial leases include dispute resolution clauses requiring the parties to attempt mediation before commencing court proceedings. Even where mediation is not contractually mandated, it is often a cost-effective way to resolve disputes without the expense and delay of litigation. ### Court Proceedings For non-RSLA commercial leases, or where QCAT does not have jurisdiction, disputes are typically resolved through the Magistrates Court, District Court or Supreme Court depending on the value and complexity of the claim. Remedies may include damages, injunctions, specific performance and declarations. ## Caveats and Urgent Relief In some lease disputes, a party may need to take urgent action to protect their interests. Tenants facing wrongful lockout may seek urgent injunctive relief to regain access to premises. Landlords concerned about a tenant's financial position may need to act quickly to enforce security deposits or bank guarantees. In property-related disputes, caveats can be lodged on the title under the Land Title Act 1994 (Qld) to protect an interest, though caveats in lease disputes require careful consideration as to whether a caveatable interest exists. ## Conclusion Commercial lease disputes in Queensland require an understanding of both the lease terms and the legislative framework that applies. The Retail Shop Leases Act 1994 provides important protections for retail tenants that do not exist at common law, while the Property Law Act 2023 governs relief from forfeiture and other fundamental property rights. Astris Law's property practice advises landlords and tenants on lease negotiation, dispute resolution and enforcement, always with a focus on the commercial outcome rather than the legal technicality alone. Share Share on LinkedIn (https://www.linkedin.com/sharing/share-offsite/?url=https%3A%2F%2Fwww.astrislaw.com%2Farticle%2Fcommercial-lease-disputes-queensland)Share on X (https://twitter.com/intent/tweet?url=https%3A%2F%2Fwww.astrislaw.com%2Farticle%2Fcommercial-lease-disputes-queensland&text=Commercial%20Lease%20Disputes%20in%20Queensland%3A%20Tenant%20and%20Landlord%20Rights)Share on Facebook (https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fwww.astrislaw.com%2Farticle%2Fcommercial-lease-disputes-queensland) This article is for general information purposes only and does not constitute legal advice and should not be relied on as such. While we take reasonable care to ensure the accuracy of the information provided, we make no representations or warranties as to its completeness, currency or reliability. We accept no liability for any loss or damage arising directly or indirectly from the use of, or reliance on, this website's content. You should always seek professional advice tailored to your specific circumstances before acting on any information in this article. Liability limited by a scheme approved under Professional Standards Legislation. Related Practice Area Property https://www.astrislaw.com/practice/property ## Dealing with a property issue? Astris Law advises directors and business owners on property matters. Tell us what has happened and we will set out the options that are open to you. (07) 3519 5616: +61735195616 Send an enquiry: https://www.astrislaw.com/contact ## Related Articles Insights ### Make Good Disputes at Lease End: How Brisbane Commercial Tenants Can Avoid Costly Litigation Read more https://www.astrislaw.com/article/make-good-disputes-lease-end-brisbane Insights ### Rent Review Disputes: Expert Determination or Court Proceedings in Queensland Read more https://www.astrislaw.com/article/rent-review-disputes-expert-determination-queensland Insights ### Breaking a Commercial Lease: Personal Guarantees and Exit Strategies Read more https://www.astrislaw.com/article/breaking-commercial-lease-director-liability-brisbane Book a call back (+61735195616) ## Structured data ```json [ { "@context": "https://schema.org", "@type": [ "LegalService", "LocalBusiness" ], "@id": "https://www.astrislaw.com/#organization", "name": "Astris Law", "legalName": "Astris Law Pty Ltd", "alternateName": [ "Astrons General Counsel", "Phronesis Litigation", "HeadStart Counsel" ], "url": "https://www.astrislaw.com", "logo": { "@type": "ImageObject", "url": "https://www.astrislaw.com/android-chrome-512x512.png", "width": 512, "height": 512 }, "image": "https://www.astrislaw.com/android-chrome-512x512.png", "description": "The Astris Law group gives directors and business owners the right legal capability for whatever their business needs, across corporate, disputes and regulatory. 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