There is perhaps nothing more frustrating for a business owner than arriving at their premises after a Gold Coast storm to find water dripping onto expensive equipment, stock or paperwork.
The immediate instinct is to call the landlord. However, disputes often arise when a landlord claims the issue is not their responsibility.
According to the Queensland Small Business Commissioner (QSBC), it has held mediations for multiple cases involving leased commercial premises with leaking roof issues in the 2025/26 financial year.
The outcome usually turns on three things: the wording of the lease, how the damage is classified and how Queensland’s Property Law Act 2023 (PLA), which commenced on 1 August 2025, applies.
Here is what Queensland law actually says, what changed in August 2025 and what your options are when a landlord refuses to act.
Who is responsible for a leaking roof?
When a roof leaks in your commercial premises, the answer to “who fixes it?” often comes down to whether the roof is a structural element of the building or not.
Under the PLA, which took effect on 1 August 2025 and subject to any contrary agreement or Act, applies its Schedule 1 standard terms to leases granted on or after that date:
- The tenant’s obligation is to keep the premises in good condition, excluding fair wear and tear and structural elements, unless otherwise agreed
- Structural elements generally fall outside the tenant’s default obligations under the Act, unless the ⦁ lease provides otherwise
A roof is, in most cases, a structural element. That means if the roof is leaking due to age, wear, or a building defect, the starting position is often that the tenant is not responsible for repairing or replacing the roof, unless the lease provides otherwise.
But there are important qualifications that can change the outcome depending on what your lease says, how the damage occurred and whether a specific repair clause overrides the PLA’s standard terms.
Further, just because the tenant does not have to carry out a repair or replacement does not mean the landlord has that obligation. Many leases contain no positive obligation for the landlord to keep the structure in repair, although in more recent times it is not unusual for a lease to provide that the landlord must keep the premises structurally sound and watertight.
In many leases, the division of responsibility goes beyond structural replacement. Structural replacement, as a capital expense, is usually the responsibility of the landlord, or at least not the responsibility of the tenant, whereas repairs are typically the responsibility of the tenant. Adding to the complexity, in some cases a repair may not be the tenant’s responsibility, but if carried out by the landlord, the cost can be claimed from the tenant as outgoings.
Your commercial lawyer in the Gold Coast will usually start by reviewing the lease in detail. Clauses relating to “repair”, “maintenance” and “outgoings” often determine who must act.
What changed under the Property Law Act 2023 (Qld)?
The PLA introduced updates to modernise property law in Queensland. While it did not completely rewrite obligations, it clarified expectations around lease interpretation and enforcement.
In particular, the PLA introduced rights for tenants in respect of applications for consent of the lessor for various dealings (section 142), clarified the effect of assignment of the lease or transfer of the land (section 143), and confirmed that an assignor may be released from liability for breaches by an assignee (section 144).
It also changed breach procedures in ways that benefit both landlord and tenant.
A Gold Coast property lawyer can help determine how the new legislation affects your specific lease.
Can a tenant withhold rent?
This is one of the most common and risky questions in commercial rental agreements.
In most cases, tenants cannot simply stop paying rent, even if the landlord refuses to fix a leaking roof. Doing so may place the tenant in breach of the lease, which could give the landlord grounds to issue a Form 7 Notice to Remedy Breach and potentially terminate.
However, some exceptions and strategies may be available:
- If the premises become unfit for use, rent abatement clauses may apply
- Some leases allow tenants to carry out urgent repairs and recover costs, but this must be clear in the lease
- In serious cases, legal remedies may be available through the courts
Generally, your safer legal path is to:
- Document everything. Photograph the damage, send written notices to the landlord by email and keep copies.
- Put the landlord on notice in writing. Clearly identify the defect, state that it is a structural element for which they are responsible and give a reasonable timeframe to respond.
- Seek urgent legal advice. If the damage poses a safety risk to employees or makes the premises unusable, the legal options are different and potentially more urgent.
- Consider QSBC mediation. The QSBC offers mediation for commercial and retail lease disputes, and it is considerably cheaper and faster than litigation.
- Escalate if necessary. This may involve legal proceedings with civil litigation attorneys.
Before taking any action, it is essential to speak with a civil litigation lawyer or commercial leasing specialist. Acting too quickly can weaken your position.
Why lease drafting matters
Many leaking roof disputes could be avoided with clearer lease drafting from the outset. Engaging experienced commercial lawyers or a Gold Coast business lawyer when entering a lease can prevent ambiguity.
Key clauses to review include:
- Repair and maintenance obligations
- Definition of structural elements
- Insurance responsibilities
- Rent abatement provisions
- Outgoings and cost recovery
For business owners, working with a commercial lawyer on the Gold Coast ensures the lease reflects practical realities, not just standard templates.
How QBM Lawyers can help
Leaking roof disputes require a lawyer with deep knowledge of property law, contract law and litigation. Whether you are a Gold Coast business tenant trying to force your landlord to act, or a landlord who has received a repair demand you believe is misdirected, the team at QBM Lawyers can help you understand your position before the dispute escalates.
To discuss your situation, contact the team at QBM Lawyers to speak with an experienced Gold Coast solicitor. Early advice often provides the clearest path forward.
Frequently Asked Questions
Not automatically. A roof is generally considered a structural element, but the outcome depends on what your lease says, how the damage occurred and whether the leak was caused or contributed to by the tenant.
In most cases, no. Withholding rent – even where a landlord is clearly in the wrong – can place you in breach of the lease and give the landlord grounds to terminate. The safer approach is to document the damage, put the landlord on formal written notice and seek legal advice before taking any action.
