🇦🇺Australia

Unzulässige Umlage von Verhandlungskosten auf Mieter

Updated: Feb 20261 verified sources

Definition

Guidance issued for Western Australian small businesses under the Commercial Tenancy (Retail Shops) Agreements Act 1985 explicitly states that a landlord cannot claim from a tenant legal or other expenses for the negotiation, preparation or execution of the lease or any renewal.[7] Where leasing teams attempt to on‑charge these costs and tenants later challenge them (often with government small business support), landlords may need to remove such items from the lease or reimburse amounts already taken, leaving the landlord or property manager with the solicitor’s bill but no corresponding reimbursement. Typical solicitor preparation costs for a straightforward commercial or retail lease are commonly around AUD 1,000–3,000 per matter in Australia (market practice; logic‑based range). When multiplied across hundreds of leases in a portfolio, non‑compliant attempts to recover these amounts that must be reversed generate significant cost overruns.

Key Findings

Financial Impact: Hard/logic mix: Approximately AUD 1,000–3,000 in non‑recoverable legal costs per affected lease where negotiation/preparation/execution fees are disallowed from being charged to tenants; portfolios with 100 such leases incur AUD 100,000–300,000 in unavoidable internal costs.
Frequency: Recurrent whenever new retail leases or renewals are negotiated in jurisdictions with similar prohibitions (e.g. WA), especially where national templates are used without state‑specific checks.
Root Cause: Use of generic, non‑jurisdiction‑specific lease templates; insufficient awareness of state‑based retail tenancy law limits; manual modification of clauses by leasing teams without legal oversight; absence of automated validation against statutory prohibitions.

Why This Matters

The Pitch: Retail property owners in Australia 🇦🇺 can avoid AUD 1,000–3,000 in wasted legal and admin costs per lease by embedding compliance checks into negotiation workflows so prohibited cost pass‑throughs are never agreed and then written off.

Affected Stakeholders

Leasing Manager, Asset Manager, Property Manager, External Leasing Lawyers, CFO/Finance Manager

Deep Analysis (Premium)

Financial Impact

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Current Workarounds

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

https://www.smallbusiness.wa.gov.au/sites/default/files/How-to-negotiate-your-way-to-a-better-retail-lease.pdf

Related Business Risks

Unklare Mietanpassungsklauseln und entgangene Mieterträge

Logic-based estimate: 2–5% of annual rent per lease lost due to unenforceable or weakened rent reviews and outgoings recovery (e.g. AUD 4,000–10,000 per year on a AUD 200,000 lease; AUD 200,000–500,000 per year on a 50‑lease portfolio).

Nicht offengelegte oder unfaire Vertragsbedingungen und regulatorische Risiken

Logic-based estimate: AUD 20,000–100,000 per significant non‑compliant lease (combination of refunded charges, waived rent reviews, tenant compensation and legal costs); portfolio‑wide ACL penalties for systemic unfair terms can escalate into AUD millions under the Competition and Consumer Act.

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