A lease is signed once and lived with for years. In that time the business gets sold, restructured or refinanced, or outgrows the premises. The landlord sells or wants to redevelop. A clause nobody read at signing then decides what happens next.
We act for landlords and tenants on what happens after the lease is signed: variations and renewals, consents, defaults, and getting out of a lease in an orderly way. We deal with these events before they hold up a transaction or disrupt the business.
Leases get varied by email, extended by conduct and renewed by assumption. An informal change to rent, area or term can leave the lease saying something different from what the parties think it says, and an option can lapse without anyone noticing.
We document variations and extensions properly, advise on how and when an option has to be exercised, and keep track of the dates that matter so they are dealt with before they pass.
Selling a business that trades from leased premises usually means the lease has to go with it, by assignment or sublease, and the landlord’s consent is often needed. Many leases also treat a change in who controls the tenant company as an assignment, which catches share sales and restructures that never touch the premises.
In Queensland, the Property Law Act 2023 has applied a consent procedure to existing and new leases since 1 August 2025. Where a lease requires the landlord’s consent to an assignment or sublease, the tenant gives a proposal notice, and the landlord must respond within one month of receiving the information it needs, give reasons and not unreasonably withhold consent. A lease that prohibits assignment outright is a different position. We advise tenants on getting the consent process right and landlords on what they can reasonably require, including conditions such as guarantees, security and the financial standing of the incoming tenant.
Assignments aren’t the only events that need the landlord’s agreement. A lender taking security over the tenant’s interest, an internal restructure, a change of use and building works can all need consent. When they do, the landlord’s timetable becomes part of the transaction’s timetable.
We identify which consents a transaction needs at the start, approach the landlord early with a complete proposal, and negotiate the deed of consent so the deal isn’t held up at completion. Where a business sale or finance depends on the lease, we run the lease process alongside the main transaction.
Leases end early by agreement more often than people expect. A tenant wants out of premises that no longer suit. A landlord wants vacant possession to redevelop, or wants to move the tenant to other space. Whether either side has a right to do that depends on the lease, because surrender, relocation and demolition clauses vary widely. Where there is no right, it becomes a negotiation, and what each side pays or gives up is the deal.
We document the exit so that rent, make-good, security and any payment are settled in the surrender and nothing is left open.
When a tenant falls behind or breaches the lease, what the parties do next matters more than the breach itself. In Queensland, the Property Law Act 2023 has introduced prescribed forms for notices and gives tenants a short window to apply to the court for relief, so a notice that doesn’t follow the process can be challenged. A defective notice can derail a landlord’s termination. For a tenant, receiving one starts a clock.
We advise landlords on a remedy strategy before a notice goes out: whether to demand, negotiate, call on security or terminate. We advise tenants on how to respond and what to do within the time allowed. Where a matter is heading to court, we work with BML’s disputes team.
Make-good is where the lease ends and the arguments start. The lease might require the tenant to remove fitout, reinstate the premises to base building standard or pay an amount instead, and the landlord’s expectations at the end often differ from the tenant’s reading.
We advise well before expiry on what the lease requires, what has been done, what is likely to be claimed and how to resolve it while there is still time to choose. For landlords, we assess dilapidations and what can be recovered against a bond or guarantee. Because construction is one of our core practices, we can coordinate with builders and consultants to scope and price the works, which keeps the negotiation tied to real numbers.
Businesses with several sites, and landlords with several tenants, often have no single picture of what their leases say. A portfolio review pulls it together: expiry, option and rent review dates, consents required, make-good exposure, guarantees and security.
It is the same exercise a buyer carries out when acquiring a business or a property, and it is far easier to do before they ask. We run lease reviews and due diligence for owners preparing for a sale or refinance, and for buyers who need to know what they are taking on.
