Commercial & Retail Leasing for Tenants

Disbursements are amounts we are required to pay to third parties in connection with our work.

Common examples and FY2026-27 rates, include:

• Remote Identity (ID) Checks, through InfoTrackID – $35.00 inc. GST per person
• ASIC Current Extract Search – $41.10 inc GST per company.
• ACT Title or Crown Lease search – $36.00 GST-free per title.
• ACT Instrument/Dealing search – $24.00 GST-free per item.
• ACT Units Plan, Deposited Plan, or Sublease Plan – $26.00 GST-free per item.

We charge for all disbursements at cost to us.

In some cases, this cost includes service fees charged by third-party providers.

It may not be possible to accurately quote disbursements in advance.

Normally, with the consent of the landlord, yes. The same steps apply as if you wanted to sublet – give a copy of your Disclosure Statement to the proposed buyer then formally request consent from the landlord. The landlord is entitled to require you to provide certain information about the buyer, but can’t unreasonably refuse consent. Depending on how long is left in the term of the lease, the buyer or landlord may prefer to negotiate an entirely new lease. This is a commercial decision for them, and you can protect yourself either way.

Most ACT leases will require you to obtain landlord consent to any subletting arrangement. Sometimes, the lease will contain an outright prohibition. If you want to sublet, the first step is for you to give a copy of your Disclosure Statement to the proposed under-tenant. Then, you can formally request consent from the landlord, who is entitled to require you to provide certain information. If the landlord unreasonably refuses consent, you can make an application to the ACT Magistrates Court.

A landlord might as you to provide:

• a Section 30 Certificate, relating to the Disclosure Statement.
• a Section 104 Certificate, relating to the length of the term.
• a Section 111 Certificate, relating to rights of renewal in shopping centres.

When these are requested, you will need a meeting with a solicitor to receive advice, and the solicitor will then need to prepare a certificate for you to give to the landlord.

Registering your lease with land titles notifies all who search that you have an interest in the land and ensures that any future owners or tenants will be required to comply with its terms. This is particularly important if your lease is for more than 3 years or contains a right or renewal or option to purchase.

The basic enquiries included in our Standard and Premium packages will enable you to check/confirm:

• that you are negotiating with the right person as landlord.
• that the proposed lease correctly describes the premises, and is in registrable form.
• whether any other person already has rights in relation to the same premises.
• whether the landlord will need to obtain mortgagee’s consent before registering your lease with land titles.
• whether you are legally permitted to use the premises for your specific business purpose.
• if the premises is unit titled, the current body corporate rules including any existing special privileges in relation to common property.

This information is important to know while you are negotiating and before you take occupation, so that you can address any issues before you are bound to proceed.