Protecting the value 
of the lease.

It depends on the premises and the use, not on what the lease calls itself. The Retail Leases Act 2003 (Vic) generally applies where retail goods or services are supplied from the premises, subject to a number of exclusions (for example, certain large premises and tenants that are listed companies). Whether the statute applies is critical, because it changes your rights on outgoings, rent reviews, disclosure, and which forum hears the dispute. We assess this at the outset of every matter.

Re-entry and forfeiture are available only where the lease and law permit them and the required process is followed. A tenant may seek relief against forfeiture, an injunction or damages depending on the circumstances. The breach, notice provisions, acceptance of rent and any statutory restrictions should be reviewed before the locks are changed.

The Retail Leases Act 2003 (Vic) regulates market-rent reviews and the recovery, estimation and reconciliation of outgoings. A non-compliant review or charge may be open to challenge, but the available remedy depends on the lease, the statutory requirement and the steps already taken.

Retail tenancy disputes generally require the Victorian Small Business Commission process before VCAT. Mediation may resolve the matter through binding settlement terms; if it does not, the Commission may issue the certificate required for a VCAT application. Urgent or jurisdictionally different matters can require another path.

Make-good is the tenant's obligation to return the premises in the condition the lease requires at expiry, anything from cleaning to full de-fit and reinstatement. Disputes arise because the clause is vague, the original condition was never documented, or the landlord claims a standard the lease doesn't support. The practical answer is often a negotiated cash settlement; the legal answer starts with the clause, the condition report, and evidence. We act for both sides.

The right to call on a bank guarantee or security deposit depends on the lease and the security instrument. Some clauses permit broad recourse; others require a specified default or notice. A disputed call may require urgent injunction advice before the bank pays. Landlords should also follow the contractual process closely, because a non-compliant call can become a separate claim.

Abandonment may amount to repudiation, but the landlord's response must be considered carefully. Depending on the lease and conduct, the landlord may accept the repudiation, terminate, re-let and claim recoverable loss, subject to mitigation. The notices, election and re-letting steps can materially affect the claim, so advice should be obtained before treating the lease as ended.

For retail leases, the Retail Leases Act 2003 (Vic) requires the landlord to notify the tenant of the last date for exercising an option within the prescribed period. Late or missing notice can alter the exercise period. Outside the retail regime, strict compliance with the option clause is generally required, although limited relief may be available in some circumstances.

Often, yes. Many disputes resolve through direct negotiation, the Victorian Small Business Commission process, mediation or a documented settlement deed. The settlement should deal with payment, possession, release, confidentiality, security and future lease obligations.

Provide the lease, disclosure documents, variations, assignment documents, rent and outgoings records, notices, correspondence, condition reports, photos, bank guarantee details and any valuation or expert material. The notice history is often as important as the lease wording.