A cooling-off period is a statutory right for a retail tenant to terminate their lease shortly after signing. In Queensland, this is provided for by section 22 of the Retail Shop Leases Act 1994 (Qld).
When Does the Cooling-Off Right Apply?
The 7-day cooling-off period only applies in two specific circumstances:
- Disclosure Failure: The landlord failed to provide a compliant Disclosure Statement at least 7 days before the lease was entered into.
- False or Misleading Information: The Disclosure Statement contained materially false or misleading information.
Timing is Critical
The cooling-off right starts from the date of execution (when the lease was signed by both parties). The tenant must give the landlord a written notice of termination within the 7-day window.
When is the Cooling-Off Right Lost?
The cooling-off right is lost if the tenant has already taken possession of the premises. This means you should not accept keys or begin any fitout works during the 7-day cooling-off period if you have any concerns about the adequacy of the Disclosure Statement.
Refund of Monies
If the tenant validly terminates the lease under the cooling-off provision, they are entitled to a full refund of any money already paid to the landlord under the lease.
For more information, see our Full Retail Leasing Guide .
Read our Complete Startup Legal Guide for Queensland
Need Specific Legal Advice?
The answers above are general. For advice tailored to your specific situation, contact our Southport solicitors today.
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