ACT Commercial Lease Requirements: Terms, Outgoings, and Options

Unlike residential leasing which relies on a pre-written set of Standard Terms, a commercial lease in the Australian Capital Territory (ACT) is a heavily drafted, bespoke contract. However, landlords must draft these leases within the boundaries of the Leases (Commercial and Retail) Act 2001.

Disclaimer: This guide provides general legal information for educational purposes only. Always use an ACT-qualified commercial solicitor to draft or review your lease. Information last verified: March 2026.

1. The Demise and Permitted Use

A commercial lease must precisely define the "Premises" (the Demise). Does it include the external walls or roof? (Crucial for maintenance liability).

The lease must also include a strict Permitted Use clause.

• A narrow clause (e.g., "Use as a high-end Italian restaurant") protects the landlord but restricts the tenant.
• A broad clause (e.g., "Any retail use permitted by zoning") allows the tenant flexibility to pivot their business or assign the lease, but gives the landlord less control over the tenancy mix in a shopping center.

2. Outgoings (Net vs. Gross Leases)

The fundamental financial structure of an ACT commercial lease dictates who pays for the property's operating expenses (Outgoings).

• Gross Lease: The tenant pays a single, higher flat rent. The landlord uses that rent to pay all property taxes, insurance, and maintenance. (Less common for commercial, more common for small, short-term office suites).
• Net Lease (Most Common): The tenant pays a lower base rent, plus their proportionate share of the building's outgoings.

Disclosing Outgoings

Under the Act, a landlord cannot recover outgoings unless they are specifically detailed in the Disclosure Statement and the lease. Furthermore, landlords must provide tenants with an annual estimate of outgoings and, an audited statement of the actual outgoings expenditure at the end of the year.

3. Options to Renew

Commercial leases frequently include an "Option to Renew" (e.g., a "3 + 3 year" lease). This gives the tenant the right to remain in the property for a further term.

• The lease will specify exactly when the tenant must exercise the option in writing (e.g., "no earlier than 6 months and no later than 3 months prior to expiration").
• If the tenant exercises the option properly, and is not in breach of the lease, the landlord is legally obligated to grant the new term.

4. Assignment and Subleasing

Tenants may wish to sell their business and assign the lease to the buyer. ACT commercial leases usually state that a tenant cannot assign or sublease without the landlord's written consent.

• However, under Australian property law, a landlord cannot unreasonably withhold this consent.
• The landlord can require the incoming tenant to demonstrate adequate financial standing and business experience.

5. Security Deposits and Guarantees

As discussed in the Security Deposits guide, the lease must dictate the form of security (usually a Bank Guarantee), the exact amount, and the precise conditions under which the landlord can draw down on those funds.

How Landager Helps

Managing an ACT commercial property often means managing decades-long document trails. Landager secures your signed leases, Disclosure Statements, and annual audited Outgoings reports in a localized, version-controlled vault, ensuring you never misplace the evidence required to enforce a make-good clause 10 years down the line.

Back to ACT Commercial Lease Laws Overview.