Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you’re looking at a new shopfront, office, warehouse or other commercial premises, there’s a good chance you’ve seen rent described as either gross rent or net rent.
It sounds simple until you get to the tricky part: outgoings. Many small businesses budget for the weekly or monthly rent, then get surprised by additional costs like council rates, building insurance, or common area maintenance.
So, does gross rent include outgoings?
Sometimes yes - but not always in the way you expect. In practice, “gross rent” can mean different things depending on what your lease says, the type of property (retail vs commercial), the state or territory your premises is in, and the deal you negotiated with the landlord.
Below, we’ll break it all down in plain English, so you can confidently compare leases, budget properly, and avoid costly misunderstandings before you sign.
What Are “Outgoings” In A Commercial Lease?
In a commercial leasing context, outgoings are the costs of owning, operating and maintaining the property that the landlord may pass on to you (the tenant) under the lease.
Outgoings are sometimes also called “operating expenses” or “recoverable expenses”.
Common Examples Of Outgoings
What counts as outgoings depends on the lease and the building, but common outgoings include:
- Council rates (and sometimes water rates)
- Land tax (this is highly lease- and jurisdiction-dependent, and in some cases retail leasing laws may restrict recovery)
- Building insurance (for the property itself)
- Strata levies (if the premises is part of a strata scheme)
- Repairs and maintenance for common areas
- Cleaning and security for shared areas
- Management fees for the centre/building
- Utilities for common areas (lighting, lifts, air conditioning in shared spaces)
Some leases also try to pass through more unusual items (for example, administration fees, signage costs, marketing levies, or capital improvements). Whether these should be payable by you often comes down to the exact wording and the category of premises (including whether retail leasing legislation applies).
Why Outgoings Matter For Your Budget
Outgoings can be a significant extra cost on top of rent. For some premises, outgoings might be a relatively small add-on. For others (especially larger sites or sites in managed centres), outgoings can meaningfully change your monthly cashflow.
That’s why it’s important not to focus only on “rent per square metre” or “weekly rent” when comparing locations. You want to understand the total occupancy cost.
Does Gross Rent Include Outgoings?
Gross rent usually means the rent amount includes some or all outgoings. In other words, rather than paying rent plus separately itemised outgoings, you pay one combined figure.
However, there’s an important catch: “gross rent” is not a universal legal definition across all Australian leases. Landlords and agents can use the term differently, and some “gross” arrangements still exclude certain outgoings.
So, when you’re trying to work out whether gross rent includes outgoings for your premises, the safest approach is:
- treat “gross rent” as a starting point, not a guarantee; and
- check the lease clauses and disclosure documents (if applicable) to confirm exactly what is included (and what can still be charged to you).
Gross Rent Vs Net Rent (In Practical Terms)
Here’s a practical way to think about it:
- Gross rent: you pay one higher rent amount, and the landlord typically covers (or “bundles”) some outgoings into that figure.
- Net rent: you pay a lower base rent plus outgoings charged separately (often estimated in advance, then adjusted).
Many businesses prefer gross rent because it feels simpler and more predictable.
But the predictability depends on the lease structure and what the lease allows the landlord to recover (for example, certain excluded items, or adjustments over time). That’s why the contract detail matters more than the label.
Can A “Gross” Lease Still Have Extra Charges?
Yes. It’s possible for a lease to be marketed as “gross” and still include:
- some outgoings being excluded from the gross figure;
- separate charges for services (like air conditioning servicing, security, or waste management);
- usage-based charges (like your own electricity, water usage, internet);
- adjustments if certain costs increase beyond what was anticipated.
The key question is not just “is the rent gross?” but “which expenses are included in the gross rent and which aren’t?”
What Should You Check In The Lease To Confirm What’s Included?
If you’re negotiating or reviewing premises, there are a few lease areas that usually reveal the real position on outgoings (regardless of whether the rent is described as gross or net).
1) The “Outgoings” Or “Operating Expenses” Clause
Most leases include a dedicated clause dealing with outgoings, which may say:
- you must pay a stated share of outgoings; or
- outgoings are included in rent; or
- certain specific outgoings are payable and others are excluded.
This clause may also define what counts as outgoings and whether the landlord can include management fees, capital costs, or legal costs.
2) The Disclosure Statement (Common In Retail Leases)
If your premises is covered by retail leasing laws (which can apply even if you don’t think of yourself as a “retail” business), you may receive a disclosure statement listing estimated outgoings.
This document can be extremely helpful when budgeting, but you still need to ensure it aligns with the lease terms. If there’s a mismatch, the lease wording often determines what you’re actually liable for.
3) The Rent Review And Adjustment Clauses
Even with gross rent, you want to understand how the rent can change over time.
Common rent review methods include:
- fixed annual increases (e.g. 3% per year)
- CPI increases
- market reviews (where rent is reset to market rates)
Sometimes a lease can be “gross” in year one, but allow the landlord to adjust the gross amount to reflect changing costs over time (and the mechanism should be spelled out in the lease).
4) The Services And Utilities Clauses
Most leases treat your own consumption (like your electricity and water usage) differently from building-level costs.
Even if the rent is gross, it’s common that you still pay:
- your own electricity (via your own meter, or via the landlord on-charging you)
- your phone/internet
- your own waste disposal requirements (especially if you generate higher-than-normal waste)
5) The “Repair And Maintenance” Clauses
Maintenance obligations can overlap with outgoings.
For example, a landlord might pay general building maintenance (potentially treated as an outgoing), while you might be responsible for maintenance of the fit-out or equipment inside the premises.
If you’re unsure where the lines are, it’s worth having the lease reviewed before you commit. A Commercial Lease Review can help identify the clauses that change your real costs and risks.
Gross Rent In Different Leasing Setups (And Common Pitfalls)
“Gross rent” can show up in a few different ways depending on the premises and how the landlord operates. Understanding the typical patterns helps you spot red flags early.
Gross Rent In A Shopping Centre Or Managed Retail Site
In a managed centre, there are often substantial shared costs (security, cleaning, air conditioning in common areas, marketing, management).
Sometimes, rent is described as “gross” but there are still separate charges such as:
- promotional levy / marketing fund contributions
- centre management fees
- air conditioning charges (especially after-hours)
- specific waste management arrangements (restaurants and food businesses often see this)
In these environments, you’ll want to carefully check whether gross rent truly includes the bulk of centre outgoings, or whether “gross” is being used loosely.
Gross Rent In A Small Standalone Building
For a small standalone property (for example, a small warehouse or a converted office), “gross rent” may be closer to what you’d expect: a single amount where the landlord covers many property costs.
Even then, it’s still common that you pay your own utilities and may have maintenance obligations for the internal parts of the premises.
Common Pitfall: Assuming “Gross” Means “Everything Included”
One of the most common issues we see is a tenant budgeting based on an “all inclusive” assumption - then later discovering extra costs that were always in the lease, just not obvious from the headline rent number.
When you’re signing a lease, clarity matters more than labels. If you want outgoings included, you can negotiate for:
- a clear list of what is included in the gross rent;
- a clear list of what is excluded;
- a cap on increases for certain categories;
- a requirement for the landlord to provide evidence/invoices if certain costs are on-charged.
Negotiating Tips: How To Avoid Outgoings Surprises
Commercial leasing is often negotiable (especially depending on market conditions and how long the premises has been vacant). Even when you can’t negotiate the big-ticket items, you can often negotiate clarity and cost controls.
Ask For A Written Outgoings Estimate (Even If Rent Is “Gross”)
If the agent says “it’s gross rent so you don’t pay outgoings”, ask for a written confirmation of what that means.
For example, you can ask:
- Which outgoings are included in the gross rent?
- Are there any outgoings or levies billed separately?
- Are there services charged separately (air con, security, waste)?
- Does the landlord still charge land tax or insurance contributions?
Clarify Your “Share” Of Outgoings In Multi-Tenant Buildings
In multi-tenant sites, leases often use a “proportion” or “percentage” to allocate outgoings between tenants.
Make sure you understand:
- how your proportion is calculated (e.g. by floor area);
- whether vacant tenancies change your share; and
- whether you pay for common areas that don’t benefit your business (this can be negotiable in some cases).
Check For “Capital Expenditure” Being Passed Through
Some leases try to recover big upgrade costs (like replacing air conditioning systems, lift upgrades, major structural work) from tenants under an outgoings-style clause.
This is one of the biggest areas to watch, because it can turn a predictable lease into a high-risk one.
Don’t Forget The Legal Setup Around The Lease Itself
If you’re signing personally, you might also be asked to give guarantees or security. The leasing paperwork can be more than just a lease document.
Depending on the deal, you may also see documents like:
- an agreement for lease;
- a side deed (for incentives or fit-out contributions);
- a licence to occupy (for early access);
- an assignment or transfer if you’re taking over someone else’s lease.
If you’re taking over an existing tenancy, a Deed of Assignment of Lease is often part of the process, and the outgoings position should be checked as part of that handover too.
Key Legal Documents To Support Your Lease (And Your Business)
A lease is usually one of the biggest financial commitments your small business will make. It’s worth making sure the rest of your legal setup supports that commitment - especially if you’re growing, bringing in partners, or operating online as well as from a premises.
Here are some documents that may be relevant around the time you sign a lease (depending on how your business is structured):
- Partnership Agreement: if you’re going into premises with a business partner, a Partnership Agreement can help clarify who pays what, who has authority to sign, and what happens if one partner exits.
- Shareholders Agreement: if your business operates through a company with multiple owners, a Shareholders Agreement can help deal with decision-making (including entering into leases), dispute resolution, and what happens if someone wants to sell their shares.
- Company Constitution: some companies use a Company Constitution to set out internal rules, which can matter when directors are approving major commitments like leases.
Not every business needs every document above - but having the right structure and sign-off process in place can make it easier to manage risk when you lock in long-term commitments like a commercial lease.
Key Takeaways
- Whether gross rent includes outgoings depends on the lease. “Gross rent” is commonly used to mean some or all outgoings are bundled into the rent, but it isn’t a single universal concept across all Australian leases.
- Outgoings can include items like council rates, building insurance, strata levies, and common area maintenance, and they can meaningfully affect your total occupancy costs.
- Even with gross rent, you may still pay certain additional charges (like utilities, service charges, or specific levies) depending on the lease wording.
- To avoid surprises, check the outgoings clause, rent review/adjustment clause, services/utilities clauses, and repair and maintenance obligations before signing.
- For tax-related items in particular (such as land tax recovery and GST treatment), it’s a good idea to also speak with your accountant, as the practical impact can vary by structure and jurisdiction.
If you’d like help reviewing your commercial lease terms (including what your “gross rent” actually covers), reach out to Sprintlaw on 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.



