Retail Shop Lease Disputes update

The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (RSL COVID-19 Regulation) commenced on 28 May 2020. The provisions apply until the end of the response period, that is, 30 September 2021.

Of particular relevance is that a landlord cannot take a prescribed action against a tenant with an affected lease who fails to pay rent or outgoings, or is not open for trade during the response period or extension period. If a commercial lease has been affected by the COVID-19 emergency, if the parties cannot informally reach an agreement, it is open to them to apply for mediation to the Queensland Small Business Commissioner. For more information, visit https://www.business.qld.gov.au/running-business/support-assistance/qsbc/negotiating-rent-relief

The RSL COVID-19 Regulation should be referred to in every case to determine its application and effect.

Retail shop lease disputes

Retail shop lease disputes

Disputes can arise from a disagreement between a tenant and landlord about a retail shop lease.

These disputes are resolved through a two-step process which involves:

  • mediation and
  • if the dispute is not resolved at mediation, a hearing by QCAT.

To assist with your matter you may request a search of register of proceedings (list of cases before QCAT) for retail shop lease matters. To request a search of the QCAT register of proceedings, you must provide a request in writing which includes the name of at least one party to the proceeding.

You can submit a request in writing via:

  • email: searches@qcat.qld.gov.au
  • post: QCAT, GPO Box 1639, Brisbane, QLD 4001
  • in person: QCAT, Level 9, BOQ Centre, 259 Queen Street, Brisbane

You can ask for the results of the search to be delivered in writing (via email or post) or at the counter if you make a request in person.