Whether you’re leasing office space in the CBD, renting out a shopfront on The Parade, or signing a warehouse lease in Lonsdale or Edinburgh, the terms in your commercial lease will shape your business for the duration of the agreement. Getting them right upfront avoids the kind of disputes that cost far more to resolve than the lease cost to draft properly in the first place.
South Australia has a unique position when it comes to commercial leasing law. The Retail and Commercial Leases Act 1995 (SA) covers both retail and commercial leases where the annual rent is below the prescribed threshold, currently $420,000 (exclusive of GST). That means many commercial tenancies that wouldn’t be covered by equivalent legislation in other states are protected by the Act in South Australia.
At Lease Lawyers, we provide fixed fee commercial lease services for landlords and tenants across Adelaide and South Australia. We draft, review, and negotiate lease agreements that protect your interests and comply with SA law.
Our commercial lease agreements start from $950+GST. That’s a fixed fee quoted upfront, covering the full process from initial consultation through to the signed agreement. Enquire Online Now
We prepare lease agreements that clearly set out the rights and responsibilities of both parties. Every lease we draft covers rent, lease term, permitted use, outgoings, maintenance, rent review mechanisms, options to renew, and make good obligations. We tailor the agreement to your specific property and commercial arrangement rather than relying on generic templates that miss the details relevant to your situation.
If you’ve been handed a lease to sign, we review every clause and explain what it means for you in practical terms. We flag the provisions that could cause problems, such as outgoings definitions that are too broad, rent review clauses that don’t include a clear dispute resolution process, option notice deadlines that are easy to miss, and make good requirements that could cost you significantly at lease end. A lease review before signing is one of the most cost-effective ways to protect yourself from future disputes.
Most lease terms are negotiable before signing, but many landlords and tenants don’t push back because they assume the document is standard. We negotiate on your behalf to secure terms that reflect your priorities. For tenants, that often means rent-free periods, fit-out contributions, outgoings caps, and limitations on personal guarantees. For landlords, we focus on strong default provisions, clear rent review processes, and practical restrictions on assignment and subletting.
Adelaide’s industrial and commercial precincts, from Edinburgh and Salisbury in the north to Lonsdale and Seaford in the south, involve lease considerations that go beyond a standard office or retail arrangement. Permitted use restrictions, environmental compliance, heavy vehicle access, and specialised fit-out requirements all need to be addressed in the lease. We prepare agreements that cover these practical needs alongside the standard commercial terms.
When a tenant needs to transfer their lease to a new party, or sublet part of the premises, the process needs to be documented carefully. The Retail and Commercial Leases Act sets out specific requirements around the assignment process, including disclosure obligations and the release of outgoing tenants from future liability. We handle the documentation for both landlords and tenants, ensuring the process is done properly and everyone’s position is protected.
When a dispute arises over rent, outgoings, maintenance, make good, or any other lease issue, we work to resolve it as quickly and cost-effectively as possible. The SA Small Business Commissioner provides mediation services for disputes under the Retail and Commercial Leases Act. For disputes that can’t be resolved through mediation, matters can be referred to the South Australian Civil and Administrative Tribunal (SACAT) or the Magistrates Court. We represent clients across all forums and focus on practical outcomes.Enquire Online Now
South Australia’s leasing legislation is broader in scope than most other states. The Retail and Commercial Leases Act 1995 (SA) doesn’t just cover retail premises. It applies to most business premises where goods are sold or services are provided to the public, and to commercial leases where the annual rent is $420,000 or less (exclusive of GST). That means your lease may be covered even if your business isn’t what most people would consider “retail.”
Where the Act applies, landlords must provide a disclosure statement before the lease is signed, land tax cannot be passed on to the tenant, retail shop leases must have a minimum five-year term (including options), and there are specific rules around rent reviews, outgoings recovery, and security bonds. The Act also sets out a strict process for lease assignments that must be followed to properly release the outgoing tenant from liability.
If your annual rent exceeds $420,000, or if your premises fall into one of the other exclusion categories, the Act may not apply. In those cases, the lease is governed by general contract law and the Landlord and Tenant Act 1936 (SA), giving both parties more flexibility but also less statutory protection. The quality of the lease drafting becomes even more important when there’s no Act to fall back on.
If your lease involves retail premises specifically, our retail lease lawyers can help with the additional compliance requirements. Enquire Online Now
You’ve found a space and been handed a lease to sign. Before you commit, we review the agreement and tell you exactly what you’re signing up for. We identify the clauses that could cause problems and negotiate changes where needed.
You’re a landlord and need a lease drafted. We prepare an agreement that protects your property investment with clear tenant obligations, structured rent reviews, and practical provisions for dealing with default, assignment, and make good at lease end.
You’re not sure if the Act applies to your lease. The threshold and scope of the Retail and Commercial Leases Act can be confusing. We assess whether your lease falls under the Act and explain what that means for your rights and obligations.
Your tenant wants to assign the lease. SA law has specific requirements around lease assignments, including disclosure obligations for the outgoing tenant. We prepare the documentation, ensure the process is compliant, and protect your position as landlord.
The lease is ending and there’s a disagreement about make good. We review the make good clause, tell you what’s actually required, and negotiate with the other party if the scope or cost is disputed.
You need to exit a lease early. We review your options, whether that’s assignment, subletting, negotiated surrender, or relying on a break clause, and advise on the approach that limits your financial exposure. Enquire Online Now
Fill out our enquiry form or send us a message. We respond within 2 business hours.
We discuss your requirements and give you a fixed fee quote before any work begins. No obligation.
We prepare your lease agreement or review the one you’ve received, making sure it complies with SA law and protects your interests.
You review the draft and come back with any questions or changes. Revisions are included in the fixed fee.
We guide you through execution and advise on next steps, including lease registration where applicable. Enquire Online Now
Fixed fee from $950+GST. No hourly billing. You know exactly what your lease will cost before we start, and that fee covers the full process including revisions.
SA legislation expertise. We work with the Retail and Commercial Leases Act 1995 and SA property law regularly. Your lease will reflect the legal requirements specific to this state.
We act for both sides. Whether you’re a landlord or a tenant, we bring the same attention to your agreement. Understanding both perspectives means we draft leases that are practical and less likely to end in a dispute.
All property types covered. From CBD offices and retail shopfronts to industrial warehouses and commercial premises across metropolitan and regional South Australia, we handle leases across every property category.
Fast turnaround. We respond to enquiries within 2 business hours and most standard lease agreements are completed within 3 to 5 business days. Enquire Online Now
Our fixed fee for drafting a commercial lease agreement is $950+GST. This covers the full process from initial consultation through to the completed agreement. For lease reviews and more complex matters, we provide a fixed fee quote after understanding your requirements.
The Act applies to most business premises in South Australia where the annual rent is $420,000 or less (exclusive of GST). Unlike other states, the SA Act covers commercial premises as well as retail, so your lease may be covered even if your business isn’t a traditional retail operation. If you’re not sure, we can assess your situation and let you know which rules apply.
If your lease is covered by the Retail and Commercial Leases Act, the landlord cannot pass on land tax as an outgoing. For leases that fall outside the Act, land tax recovery depends on what the lease agreement says. This is an important clause to check before signing.
The most important areas to review are the rent review mechanism, outgoings definitions, make good obligations, permitted use restrictions, assignment and subletting rights, personal guarantee terms, and termination provisions. We check all of these as part of our lease review service and explain what each one means for you in practical terms.
Make good obligations set out what the tenant must do to restore the premises at the end of the lease. This can include removing fit-outs, repairing damage, repainting, and returning the space to its original condition. Without a clear clause, disputes about the scope and cost of these works are common. We make sure the lease spells out exactly what’s expected.
The Retail and Commercial Leases Act sets out a specific process for lease assignments. The outgoing tenant must provide a disclosure statement to the incoming tenant, the landlord’s consent is required, and if the process is followed correctly the outgoing tenant can be released from future liability under the lease. We prepare the documentation and make sure the assignment is handled properly for all parties.
For leases covered by the Act, disputes can be referred to the SA Small Business Commissioner for mediation. If mediation doesn’t resolve the matter, it can proceed to SACAT or the Magistrates Court. For leases outside the Act, the dispute resolution process depends on the terms of the lease itself. We represent clients across all forums and focus on resolving matters as quickly and cost-effectively as possible.
Lease registration is not compulsory in SA, but it is strongly recommended. Registering your lease protects the tenant’s interest in the property if the premises are sold. Without registration, a new owner may not be bound by the existing lease. For leases that fall under the Act, registration within three months of execution can also affect whether the Act continues to apply for the full term.Enquire Online Now
We provide commercial lease services to clients across Adelaide and throughout South Australia. Our fixed fee services are delivered online and over the phone, so your location doesn’t affect the service you receive or the price you pay.
Whether your commercial property is in the Adelaide CBD, North Adelaide, Prospect, Unley, Port Adelaide, Salisbury, Edinburgh, or anywhere else in South Australia, we can draft, review, or negotiate your lease agreement.
Looking for commercial lease lawyers in another state? We also help clients in Sydney, Melbourne, Brisbane, and Perth.
Contact us today, we generally respond within 2 business hours.
