Property & Leasing
Leasing advice for
commercial premises.
Victorian lease review, drafting and dispute advice for landlords and tenants, from heads of agreement through disclosure, options, assignment, default and handback.
Victorian Leasing
The lease should protect the business behind it.
A lease is not just a right to occupy premises. It controls rent, outgoings, fit-out, repairs, permitted use, security, options, assignment, default, handback and the practical value of the business operating from the premises.
We advise landlords and tenants before a lease is signed, while it is being negotiated and when problems arise during the term. The first step is to identify the legal regime: a retail premises lease under the Retail Leases Act 2003 (Vic), a non-retail commercial or industrial lease, or a residential rental agreement under the Residential Tenancies Act 1997 (Vic).
That classification affects disclosure, outgoings, rent review, options, consent to assignment, dispute resolution and which terms may be overridden by statute. We test the lease against the premises, the parties, the commercial deal and the legal framework before you commit.
Leasing Services
Advice for each lease decision.
The correct advice depends on whether you are entering, managing, changing, enforcing or exiting the lease.
Lease Review for Tenants
Reviewing proposed commercial and retail leases before signing, including rent, outgoings, permitted use, incentives, fit-out, make-good, assignment, guarantees and option terms.
- Tenant Lease Review
- Risk Advice
- Negotiation Markups
- Pre-Signing Checks
New Leases for Landlords
Preparing and negotiating landlord leases, disclosure statements, special conditions, incentive deeds, guarantees and supporting documents for commercial and retail premises.
- Lease Drafting
- Disclosure
- Security
- Handback
Retail Leases
Advice on whether the Retail Leases Act 2003 (Vic) applies and what it means for disclosure, outgoings, rent review, assignment, options and dispute resolution.
- Retail Lease Act
- Disclosure
- Outgoings
- VSBC & VCAT
Options & Renewals
Advice on option exercise, landlord reminder notices, market rent reviews, renewal negotiations and missed deadlines before rights are lost.
- Option Notices
- Renewals
- Market Rent
- Deadlines
Subleases & Assignments
Preparing or reviewing assignment, sublease and consent documents where occupation or control of the premises is changing.
- Assignment
- Sublease
- Consent
- Continuing Liability
Lease Disputes
Advice on arrears, breach notices, outgoings, rent reviews, repairs, re-entry, lock-outs, make-good and end-of-lease disputes.
- Arrears
- Breach
- Make-Good
- Urgent Advice
Common Premises
Different premises, different lease risk.
Commercial leasing advice should reflect the use, regulatory framework and operational requirements of the premises.
Retail Shops & Hospitality
Disclosure, fit-out, trading restrictions, permitted use, outgoings and renewal rights often decide whether the premises will support the business.
Office & Professional Suites
Rent review, incentives, shared services, access, signage, end-of-trip facilities, make-good and relocation clauses need careful review.
Warehouse & Industrial
Repair obligations, contamination, loading access, dangerous goods, planning use, insurance and make-good can carry substantial cost.
Licensed Occupation
A licence can be useful for short-term or shared occupancy, but the rights and remedies are different from a lease.
Franchise Premises
The lease and franchise agreement must work together, especially around term, assignment, fit-out, defaults and control of the site.
Residential Rentals
Residential rental agreements use a different statutory framework, prescribed forms and mandatory rights.
Leasing Frameworks
Identify the regime before you negotiate.
Retail leases are governed by the Retail Leases Act 2003 (Vic) where the premises and use meet the statutory test and no exclusion applies. Non-retail commercial leases depend more heavily on the document, property law and general contract principles. Residential rental agreements are governed by the Residential Tenancies Act 1997 (Vic).
The regime determines what must be disclosed, which costs may be recovered, how rent review and options operate, whether consent can be refused, and the process for resolving disputes.
Before Signing
Review the heads of agreement, proposed lease, disclosure statement, incentives, security and premises condition before committing.
During the Term
Administer rent, reviews, outgoings, repair obligations, insurance, access, use, variations and notices consistently with the lease.
Change of Occupation
Assignment, sublease, change of control and licence arrangements should be documented before occupation or business control changes.
Renewal or Exit
Option deadlines, market rent reviews, make-good, handback and release of security should be managed early.
Retail Leasing Update
Use the current retail lease pack.
For Victorian retail lease negotiations beginning on or after 1 July 2026, landlords must provide the updated Retail Leases Information Brochure for Tenants published by the Victorian Small Business Commission, together with the required lease and disclosure material.
Common Questions
Leasing, answered.
These threshold questions help identify the lease type, the documents required and the immediate risks before a landlord or tenant commits.
Should a tenant have a commercial lease reviewed before signing?
Yes. A lease can affect cash flow, fit-out cost, trading flexibility, sale value and exit options for years. Review should cover rent, outgoings, incentives, make-good, permitted use, assignment, options, guarantees, default and any retail lease disclosure before the document is signed.
What should a landlord settle before drafting a new lease?
The landlord should settle the premises, tenant entity, guarantors, term, rent, reviews, outgoings, permitted use, security, incentives, works, options, assignment rules, insurance, repair obligations and handback requirements. Those commercial terms should then be tested against any retail leasing obligations.
What is the difference between a retail lease and a commercial lease?
A retail lease is a commercial premises lease to which the Retail Leases Act 2003 (Vic) applies. A non-retail commercial lease is governed more heavily by the written lease and general law. The name of the document is not decisive; the premises, use, tenant and statutory exclusions must be checked.
What documents are usually needed for a Victorian retail lease?
A retail tenant commonly receives the proposed lease, the current Retail Leases Information Brochure for Tenants and a landlord disclosure statement. Timing and content matter because incomplete or misleading disclosure can affect rights and remedies.
Can outgoings be passed on to the tenant?
In a commercial lease, outgoings depend on the drafting. In a retail lease, recovery is regulated and the landlord must comply with disclosure, estimate and reconciliation requirements. Land tax and some other costs may need particular attention.
What is a make-good clause?
Make-good is the tenant's end-of-lease obligation to return the premises in the condition required by the lease. It can involve cleaning, de-fit, repair, repainting or reinstatement. The scope should be clear before signing because disputes often arise at handback.
Can a tenant assign or sublease the premises?
Usually only with landlord consent and compliance with the lease. The tenant may need to provide information about the incoming occupier, business, financial capacity and proposed documents. Retail leases may regulate consent and timing.
What happens if an option deadline is missed?
The answer depends on the lease and whether the Retail Leases Act 2003 (Vic) applies. Retail leases include landlord notice obligations that may affect the option period. Outside that regime, strict compliance with the option clause is usually critical.
Where are lease disputes resolved in Victoria?
Many retail disputes first go through the Victorian Small Business Commission process before VCAT. Residential rental disputes commonly proceed in VCAT. Some non-retail commercial disputes or urgent remedies may require court proceedings.
Can a lease be terminated early?
Early exit may be possible by agreement, express termination clause, assignment, sublease or lawful termination after default. Each path can leave continuing liability if it is not documented properly, so advice should be obtained before leaving the premises.