Before a commercial lease review: prepare the whole premises picture

Published by Book a Lawyer · Updated 20 September 2026

General information prepared with AI assistance and linked public sources. No independent legal review is claimed.

Coverage: Australian preparation guidance. Retail and commercial leasing rules differ by jurisdiction and premises; the linked official guidance covers NSW retail leasing.

General information only — not legal advice.

A useful lease review connects the draft terms with how you plan to use the premises. Give the adviser the complete document set, the business purpose, relevant correspondence and the dates already discussed. Ask which leasing regime and related approvals need to be considered.

About 4 minutes · Includes a checklist and worked example

Identify the proposed tenant and premises

Record the entity that would sign, the premises description and the business you intend to operate. Tell the adviser about related entities, proposed guarantors and anyone else who would use the space. Do not assume the trading name is the same legal person as the proposed tenant.

Explain whether you are taking a new lease, an assignment, a renewal or premises as part of buying a business. These are different instructions. The office needs that context before describing the service and price.

Gather more than the lease document

List the draft lease, disclosure material, heads of agreement, plans and correspondence already received. Include statements about access, fit-out or permitted activities that matter to your decision. Ask the adviser what is missing and which documents need checking together.

Keep drafts clearly labelled. If a commercial promise matters to you, point it out and ask how it is addressed in the documents. Do not treat an advertisement or informal assurance as a substitute for advice about the agreement.

Describe the costs and operating assumptions

Prepare the figures you have been given for rent, outgoings, security, fit-out and other payments. Mark whether each figure is confirmed or estimated. Ask which items the lawyer will explain and which need financial, building, planning or other specialist input.

Tell the adviser about the intended opening date, necessary works and any assumption that the premises can be used immediately. A legal document review does not automatically include every approval or physical-condition enquiry.

Ask about change and exit scenarios

Discuss the practical possibilities you need understood: a business sale, expansion, closure, renewal or change of use. Ask the adviser to explain the relevant clauses, obligations and uncertainties. Avoid treating a list of questions as a conclusion that a particular right exists.

Before the review ends, confirm who would negotiate amendments, review a revised draft and handle signing steps. Record what has been agreed with the other party and what remains a proposal.

Connect the document to the business plan

The adviser can ask better questions when your practical assumptions are explicit. Record the assumption and the source of it before asking what needs verification.

Practical comparison framework
Business assumption	Material to bring	Question for the review
The activity can operate there	Use description and correspondence	What legal and other checks are needed?
The total cost is affordable	Rent and other quoted amounts	Which obligations or costs need explanation?
The business can change later	Plans for sale, growth or closure	Which provisions affect that scenario?

How to use the comparison

An inexpensive review of one draft may exclude related documents and negotiations. Compare that scope with the actual premises decision you face.

Keep a list of legal, financial and property checks with a responsible person for each.

Original editorial comparison framework. Examples are hypothetical and do not assess your circumstances.

Compare fees and scope →

Your practical checklist

Identify the proposed tenant and any guarantor.
Explain new lease, assignment or renewal.
Gather the entire draft and disclosure package.
List operating and opening assumptions.
Separate legal review from other specialist checks.
Confirm amendments, revisions and signing scope.

Open the appointment worksheets for notes you can keep privately.

Frequently asked questions

Is every business premises lease a retail lease?

Do not assume that. Ask an adviser which rules apply to the premises and arrangement in the relevant jurisdiction.

Does a lease review include negotiating changes?

Only if that work is agreed. Ask about negotiation, revised drafts and signing arrangements when comparing proposals.

Sources and further reading

Source references checked 20 September 2026. Follow the official source for current information and its jurisdictional limits. Our comparison prompts and hypothetical examples are editorial guidance, not statements of law.