Modified Gross Lease Australia 2025: Benefits, Risks & New Rules

A modified gross lease is a commercial rental agreement where the landlord and tenant share responsibility for certain operating expenses. Unlike a net lease (where tenants pay most outgoings) or a gross lease (where landlords cover most costs), the modified gross lease splits the difference—often with the tenant paying base rent plus some agreed-upon expenses, while the landlord covers the rest.

• Base rent: Set monthly or yearly amount.

• Shared expenses: Can include utilities, council rates, building insurance, or maintenance, depending on the agreement.

• Negotiable terms: Flexibility to tailor who pays what.

This hybrid approach is gaining traction in Australia’s competitive commercial property sector, especially as businesses seek predictability in their outgoings, and landlords look to attract quality tenants.

The last two years have seen significant shifts in Australia’s commercial leasing environment. Hybrid work, rising utility costs, and a wave of legislative updates are changing how leases are negotiated. In 2025, key trends include:

• Increased cost transparency: Tenants want clarity on what’s included in their rent, especially with energy prices rising by an average of 6% across major cities.

• Fairer risk-sharing: Landlords are more willing to absorb some variable costs to secure longer lease terms or high-quality tenants.

• Policy changes: Recent updates to the Retail Leases Act in NSW and VIC now require clearer disclosure of outgoings and have tightened rules around passing on certain building compliance costs to tenants.

For example, in Sydney’s mid-tier office market, many new leases signed in early 2025 have shifted to a modified gross structure, allowing tenants to better predict their annual occupancy costs while landlords retain control over building maintenance standards.

The beauty of a modified gross lease lies in its flexibility—but it’s not without pitfalls. Here’s what to weigh up:

Advantages

• Budget certainty: Tenants enjoy more predictable monthly costs compared to fully net leases.

• Shared incentives: Both parties are motivated to keep shared expenses under control, especially for utilities or cleaning.

• Negotiation power: Customisable terms mean leases can suit unique business or property needs.

Drawbacks

• Complexity: The devil is in the detail—unclear lease wording can lead to disputes over what’s included.

• Potential for surprises: If actual expenses rise sharply (e.g., insurance premiums in high-risk flood zones), tenants may still face unexpected bills if the lease isn’t watertight.

• Market variability: In hot property markets, landlords may be less willing to absorb costs, shifting more burden to tenants.

Case in point: A Brisbane café chain recently renegotiated its lease to a modified gross format, locking in a fixed base rent and splitting utility costs. This shift allowed the business to budget more confidently as energy costs climbed in 2025, but required careful legal review to avoid hidden maintenance charges.

If you’re considering a modified gross lease—whether as a landlord or tenant—clarity and negotiation are key. Here’s what to keep front-of-mind in 2025:

• Check the fine print: Define exactly which costs are shared, which are landlord-only, and how increases are handled.

• Understand new disclosure rules: In 2025, state legislation demands greater transparency—ensure your lease documents meet the latest requirements.

• Plan for cost escalations: Consider capping certain shared expenses, or building in review clauses as insurance, rates, and utilities are all on the rise.

• Legal review: Professional advice can pay off, especially for multi-year or multi-site leases.

With the Australian commercial leasing landscape more dynamic than ever, the modified gross lease offers a way to balance cost certainty and flexibility. Whether you’re a business owner hunting for your next premises or a landlord seeking stable, long-term tenancies, understanding this lease type—and the 2025 policy shifts shaping it—will help you negotiate smarter and avoid costly surprises.