Retail & Commercial Leasing Lawyers
Sydney CBD
Strategic legal counsel for landlords and tenants operating in Sydney’s commercial heart
A commercial lease is rarely just an administrative agreement; it is one of the largest ongoing financial liabilities your business will ever undertake. Whether securing premium office space in Barangaroo, leasing a retail store in the Sydney CBD, or managing a multi-tenant commercial asset across New South Wales, unreviewed lease terms expose you to severe financial and operational risk.
At RA Law Group, our commercial property team bridges the gap between high-stakes corporate advocacy and daily business strategy. Founded by partners Paul Rojas and Dean Alexander, our firm operates on a single standard: Better for Business. We review, draft and negotiate commercial and retail leases through the direct lens of active commercial litigators, identifying hidden legal traps before they escalate into costly courtroom disputes.
From our Sydney office at Level 35, Tower One, 100 Barangaroo Avenue, we deliver senior-level attention, rapid turnaround times and upfront fixed-fee certainty for landlords and tenants across the Sydney CBD and broader NSW.
The clock is ticking on your lease negotiation.
Our commercial & retail leasing framework
We structure our leasing advisory into two distinct phases to ensure total transparency and maximum protection for your cash flow.
Commercial & retail lease strategy
Our legal team manages all aspects of property transactions and leasing negotiations across New South Wales.
- What it involves: In-depth review and drafting of commercial lease agreements, Retail Leases Act 1994 (NSW) disclosure statements, outgoings breakdowns, make-good indemnities, option exercise terms and personal guarantee provisions.
- What good lawyers can achieve: Fixed-fee certainty, capped financial exposure on make-good obligations, elimination of unfair ratchet clauses, protected tenancy incentives and enforceable lease terms aligned with your commercial realities.
Key differences: Retail vs. commercial leases in NSW
Understanding whether your premises fall under statutory retail legislation or general commercial law is critical to establishing your legal rights.
| Leasing Feature | Retail Lease (NSW) | Commercial Lease (NSW) |
|---|---|---|
| Governing Legislation | Strictly governed by the Retail Leases Act 1994 (NSW). | Governed by general common law and the Conveyancing Act 1919 (NSW). |
| Disclosure Statements | Mandatory Lessor & Lessee Disclosure Statements required before signing. | No statutory requirement for formal disclosure statements. |
| Lessor’s Legal Costs | Prohibited for landlords to pass on lease preparation costs to tenants. | Landlords routinely require tenants to pay legal costs for drafting. |
| Security Deposits | Security bonds must be lodged with the NSW Small Business Commissioner. | Security deposits held via bank guarantees or landlord trust accounts. |
| Dispute Forum | Mandatory mediation via NSW Small Business Commission prior to NCAT. | Direct resolution via Supreme Court, District Court, or commercial arbitration. |
Core practice areas: Landlord & tenant representation
1. Tenant advisory & lease review (Sydney CBD)
Signing an unvetted commercial lease can trap your enterprise into escalating outgoings, strict make-good demands and personal asset exposure. We conduct rapid, comprehensive lease reviews for Sydney CBD tenants, translating dense legal jargon into actionable business intelligence.
- Fixed-fee lease reviews: Transparent, upfront pricing so you can budget with complete confidence.
- Incentive structuring: Safeguarding fit-out contributions and rent-free periods against aggressive clawback clauses.
- Risk mitigation: De-risking personal guarantees, security deposits and bank guarantee release mechanisms.
2. Landlord advisory & asset protection
For NSW commercial property owners and institutional landlords, an ambiguous lease leads directly to tenant default, unpaid outgoings, and extended litigation. We draft dispute-tested commercial leases that protect property yields, secure recovery rights and ensure statutory compliance.
- Custom lease drafting: Tailored commercial lease suites designed to protect asset value and streamline tenant onboarding.
- Default & debt recovery: Swift deployment of statutory demands and enforcement proceedings when rent falls into arrears.
- Portfolio management: Consistent leasing frameworks for multi-tenant commercial and industrial assets across NSW.
3. Retail leases act 1994 (NSW) compliance
Retail tenancies in NSW are strictly regulated by the Retail Leases Act 1994 (NSW). Failure to serve a valid Lessor’s Disclosure Statement at least seven days before executing a lease can grant tenants statutory rights to terminate or claim compensation. We ensure both landlords and tenants fully comply with statutory disclosure requirements, turnover rent calculations and statutory minimum lease terms.
4. Dispute resolution & NCAT representation
When leasing relationships break down over rent arrears, maintenance failures or unapproved alterations, immediate strategic action is essential. We represent Sydney clients in informal negotiations, mediation and formal proceedings before the NSW Civil and Administrative Tribunal (NCAT) and NSW Courts.
Frequently asked questions - FAQ’s
What is the difference between a retail lease and a commercial lease in NSW?
A retail lease is governed by the Retail Leases Act 1994 (NSW), which automatically applies to businesses listed under the Act or situated in retail shopping centres.
Retail leases provide statutory protections for tenants, including mandatory disclosure statements, restrictions on recovering landlord legal fees, and regulated security bond handling. Commercial leases cover office or industrial spaces and are negotiated freely under general contract law.
What is a "make good" clause in a Sydney commercial lease?
A “make good” clause requires a departing tenant to restore the commercial premises to a specific condition at the end of the term. Depending on the draft terms, this can range from basic cleaning (“bare clean”) to reinstating the space to a “base building” shell. Uncapped make-good provisions frequently lead to unexpected, six-figure liabilities for tenants upon lease expiry.
Why should commercial litigators review your lease before signing?
Standard lease templates are drafted without considering how clauses perform during a real-world dispute. Because our partners regularly litigate high-stakes commercial conflicts in court, we identify ambiguous terms, unfair indemnity clauses and hidden default mechanisms upfront. We stress-test your lease against worst-case commercial failure modes.
How are lease incentives structured in NSW?
Lease incentives usually take the form of rent-free periods, rent abatements or landlord fit-out contributions. However, landlords frequently insert aggressive “clawback” provisions requiring tenants to repay the full incentive value if the lease is terminated early. We negotiate protective terms that cap or negate clawback liabilities during commercial defaults.
Partner with Sydney’s trusted commercial lease lawyers
Do not let an unreviewed lease compromise your operational freedom or financial stability. Work with a legal team that delivers practical, strategic outcomes grounded in commercial realities.
RA Law Group (Sydney Office) Level 35, Tower One, 100 Barangaroo Avenue, Sydney NSW 2000
Phone: +61 2 8046 6855
Email: info@ralawgroup.com.au