A lease enquiry is easier to assess when you explain both the premises and the proposed business use. Whether you are entering, renewing or leaving a lease changes the questions. Ask for advice before committing to terms you do not understand.
Apply this guide
Brief a lease lawyer on the business plan and the documents
Identify the premises, use, parties and current stage. Ask about the legal regime, obligations and proposed review deliverable. A lease review is not a forecast that the premises will be profitable.
A worked example
Fictional preparation example, not a real case or predicted outcome.
A business expects to make alterations before opening, but the enquiry only asks for the rent clause to be checked. Explain the planned works and opening assumptions so the adviser can identify relevant questions. Do not assume the agent’s informal description is the same as the written lease.
| What to compare | Question to ask | Useful information |
|---|---|---|
| Use and works | Do the documents address the way I intend to use the premises? | The intended use and works explained to the adviser. |
| Costs and exit | What obligations could continue beyond ordinary rent? | Advice on the actual terms, including questions about end-of-lease work. |
| Personal responsibility | Who is signing and in what capacity? | Any guarantee and entity questions identified. |
Prepare these items
- Lease, disclosure material, plans and related correspondence.
- Business use, proposed works and intended opening date.
- Anything already signed, paid or agreed.
An enquiry message you can adapt
The premises are in [state] and will be used for [purpose]. I plan [works]. Can your review address those assumptions, guarantees and exit obligations, and does the fee include negotiation?
Replace the placeholders in your own notes. Confirm the recipient and document channel before sharing confidential information. No information is collected by this workbook.
Your next step
Ask for advice before committing to unclear terms. Keep the property’s jurisdiction explicit when using state-specific background guidance.
Explain the premises and stage of the lease
Tell the lawyer where the premises are, what your business does and whether you are a proposed tenant, current tenant, landlord or guarantor. Identify whether you need help with a new lease, renewal, assignment or dispute. Commercial and retail leasing can involve different rules, and jurisdiction matters. Do not decide that a document falls within a particular legal regime simply because its heading calls it a retail or commercial lease.
Collect the full lease document set
Have the proposed or signed lease, disclosure documents, plans, correspondence and any heads of agreement ready. Explain what has already been signed, paid or agreed verbally. Label drafts so the adviser can tell which version is current. If an agent has given you a signing date, identify it in the enquiry. Ask which documents must be reviewed together rather than assuming the lease document alone contains the whole arrangement.
Ask about rent, outgoings and fit-out responsibilities
List the costs you understand and the items that remain unclear. Ask the adviser to explain how the proposed terms allocate rent changes, outgoings, maintenance, works and end-of-lease obligations. A legal review is not a forecast of whether the business will be profitable; financial advice may also be useful. Put commercial assumptions, such as your intended opening date and planned alterations, in writing so the review addresses how you intend to use the premises.
Clarify guarantees, renewal and exit questions
Tell the lawyer if someone is being asked to sign a guarantee or if the lease is being signed by a company. Ask who would be bound and which events could create personal exposure. Explain plans to sell, relocate or expand the business and ask how renewal, transfer or ending the arrangement would work. These are questions for individual advice, not a checklist that can establish whether signing is safe for you.
Compare lease review and negotiation quotes
A review that explains the document may not include negotiating changes or reviewing the other party’s response. Ask how many versions the quote covers, whether direct contact with the landlord’s adviser is included and what happens if the transaction does not proceed. Confirm whether a written advice note or marked-up document will be supplied. Compare the deliverables before comparing price, especially when one proposal is described simply as a lease review.
Check jurisdiction-specific leasing help
The NSW Small Business Commissioner’s retail tenancy guide recommends independent professional advice before signing and provides NSW retail leasing information. Use it as a NSW starting point, not as the rules for every premises in Australia. For another jurisdiction, ask about the relevant local assistance pathway. If you have received a termination or other formal notice, mention it immediately and obtain advice about timing instead of waiting for a routine quote response.
Commercial Lease Lawyer: FAQs
Is a retail lease the same as every commercial lease?
Do not assume that it is. The applicable rules depend on the premises, use and jurisdiction. Ask the lawyer to identify the regime that applies to the actual documents.
Does a lease-review fee include negotiations?
Only if the agreed scope includes them. Ask about proposed changes, further drafts, calls with the other party and the written advice you will receive.
Can this checklist tell me whether to sign?
No. It helps you prepare an enquiry. It is not legal advice, a lease review or a recommendation to enter the arrangement.
General preparation information, not legal advice. Rules and options depend on your circumstances and jurisdiction. Check current official information and speak with a qualified adviser about documents, rights or deadlines.
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