A lease is often the biggest commitment a small business signs — years of rent, outgoings and obligations that can outlast the business itself. We review, negotiate and draft leases for tenants and landlords across Perth.
Many shop leases in Western Australia are covered by the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA), which gives tenants extra protection. We'll tell you whether it applies to your premises and what it means for you.
How we help
- Lease review before you sign
- Negotiating rent, incentives and make-good
- Leases and disclosure statements for landlords
- Assigning a lease when you sell your business
- Options, renewals and rent reviews
- Lease disputes and early exit
Good to know
- Is it a retail shop lease?
- The Act generally covers premises of up to 1,000 m² used mainly for retail or in a shopping centre, plus some service businesses. Leases to publicly listed companies are generally excluded.
- Seven days with the paperwork
- For retail shop leases, the landlord must give you a disclosure statement, the tenant guide and the proposed lease at least seven days before you enter into it.
- A right to five years
- If a retail shop lease, including options, runs for less than five years, the Act may give the tenant an option to extend it to five years, unless an exception applies.
- Resolving disputes
- The Small Business Commissioner offers free dispute resolution for retail tenancy disputes. The State Administrative Tribunal hears those that don't settle. The Act is under review, so check for changes.
General information current at October 2026, not legal advice. Laws, thresholds and fees change — get advice on your circumstances.
Questions
What's the difference between a retail and a commercial lease in WA?
A retail shop lease is covered by the Commercial Tenancy (Retail Shops) Agreements Act, which gives tenants protections around disclosure, outgoings, lease term and disputes. Other commercial leases, such as offices and warehouses, are governed mainly by the lease itself.
What should I check before signing?
Term and options, rent and how it's reviewed, outgoings, permitted use, fit-out and make-good, assignment rights, guarantees and security, and what happens if you need to leave early.
Can my landlord refuse to let me assign the lease?
Under a retail shop lease, the landlord generally can't unreasonably refuse consent if the new tenant is suitable and the lease's conditions are met. Under other leases, it depends on the wording.
Can I get out of my lease early?
Only if the lease allows it, the landlord agrees, or you assign or sublet it. Walking away usually leaves you liable for the rent, so get advice before you stop paying.