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Lease Lawyers for tenants and landlords

Commercial lease lawyers in Melbourne and across Victoria

Commercial and retail lease reviews, negotiations, options, rent reviews, assignments and disputes for shops, offices, warehouses and factories. Start with your side of the lease.

Free 15-minute phone callTalk your lease through before you commit to anything.

Lease review: $1,100 incl GSTA fixed fee for most leases ($1,000 + GST).

Reply within one business dayBy phone, email or text, whichever you prefer.

The lawyer doing the workThe lawyer you speak to is the lawyer who reviews your lease.

Before you sign, we check

The clauses behind most lease disputes. Once a lease is signed, your position is largely fixed for the term, so the time to deal with them is before you sign. A lease review is a fixed $1,100 including GST for most leases.

Six clauses we always check

  1. Rent and how it is reviewed
  2. Outgoings you will be asked to pay
  3. Options: the deadline and the conditions
  4. Make good at the end of the lease
  5. Assignment if you sell the business
  6. Guarantees and security

WHO WE ACT FOR

Tenants and landlords

Leasing law treats the two sides differently, and so does a good lease. Start with your side.

Leasing a shop, office or warehouse

For tenants: before you sign, during the lease and when you leave.

Leasing out your property

For landlords: leases and disclosure that comply, and lawful enforcement.

Retail or commercial? It changes the rules

Many leases of shops and service businesses are governed by the Retail Leases Act 2003 (Vic). The Act makes some lease terms void and gives tenants protections whatever the lease says. Offices, warehouses and factories are often outside it, but not always. Where it does not apply, the lease itself governs.

Does the Act apply to my lease? · The Retail Leases Act 2003 explained

Drawing of a street with a shop, an office building and a warehouse
  • Disclosure 14 days before: The landlord must give a disclosure statement and the proposed lease at least 14 days before the lease is entered into.
  • A 5-year minimum term: Including options, unless the tenant obtains a waiver certificate from the Victorian Small Business Commission.
  • No land tax passed on: A term requiring a retail tenant to pay the landlord’s land tax or commercial and industrial property tax is void.
  • A reminder before an option deadline: The landlord must give the tenant written notice at least 3 months before the last date to exercise an option.

What we do

Commercial property lease lawyers for tenants and landlords: from the first draft of the lease to the end of the term.

Hand signing a contract with a fountain pen

Lease review

The lease and disclosure statement explained, and the changes worth negotiating. $1,100 including GST.

Rows of timber coat hangers on a rail in a clothing shop

Retail leases

What the Retail Leases Act 2003 requires of landlords and gives tenants.

Woman signing loan documents at a table spread with paperwork

Disclosure statements

The documents a retail landlord must give, and when.

Tidy white desk with a calculator, pen and paper

Options to renew

Deadlines, reminder notices, early market reviews and cooling off.

Business owner working through figures with a notebook, calculator and laptop

Rent reviews

Fixed, CPI and market reviews, and what to do when the new rent looks wrong.

Window seat in a quiet cafe with timber stools and venetian blinds

Assigning the lease

Selling your business with the lease, and getting released.

Taped moving boxes and pot plants stacked in a light-filled room

Ending a lease early

Surrender, assignment, subletting and the rights the Act gives.

Archive shelves lined with document boxes and files

Lease disputes

Small Business Commission mediation, VCAT and the courts.

Open ring binder of legislation with pens and highlighters

Lease insights

Plain-English guides to Victorian leasing law, including the Retail Leases Act.

How it works

01

Call or send us the lease

Start with a free 15-minute call, or use the form or email the draft, the disclosure statement and any letter of offer.

02

A fixed fee, in writing

We reply within one business day. A lease review is $1,100 including GST; for other work we quote in writing before we start.

03

Advice you can act on

Plain-English advice on the clauses that matter, and negotiation with the landlord if you want it.

No surprises on fees

Your first 15-minute phone call is free. A lease review is a fixed $1,100 including GST ($1,000 + GST) for most leases. For other work, we tell you in writing how we will charge and give you an estimate before we start, and quote a fixed fee where the work allows.

How our fees work

Usually a fixed fee

  • Lease review: $1,100 including GST
  • A lease and disclosure statement for a single retail tenancy
  • A deed of assignment, variation or surrender once terms are agreed
  • Exercising an option

Common questions

Can’t see your question? Call 1800 776 529 or send us a message.

It is not compulsory, but once a lease is signed your position is largely fixed for the term. A review before signing is when you have the most room to negotiate the rent review, outgoings, make-good and option terms.

It generally applies to premises used wholly or predominantly for the retail sale or hire of goods or the retail provision of services, with exclusions, including where occupancy costs exceed $1 million a year or the tenant is a listed company. See our guide.

A lease review is a fixed fee of $1,100 including GST ($1,000 + GST) for most leases. Very long or unusual leases are quoted first. For other work, we tell you in writing how we will charge and give you an estimate before we start. The first 15-minute phone call is free. See how our fees work.

Not unilaterally, unless the lease or the law gives you that right. The usual routes are a negotiated surrender, or an assignment of the lease to an incoming tenant, often on the sale of the business. Both require the landlord’s involvement. We advise on which is realistic in your circumstances and negotiate the terms.

Not under a retail lease. A term requiring a retail tenant to pay the landlord’s land tax or commercial and industrial property tax is void. Under other leases it depends on the lease, so check before you sign.

Yes. We act on leases across Victoria by phone, video and email, and meet in person in Frankston.

Yes. Lease Lawyers is the leasing service of Professional Edge Lawyers. See about us.

Lease insights

Plain-English guides to Victorian leasing law, each naming the law it relies on. View all insights

Open ring binder of legislation with pens and highlighters

Guide

The Retail Leases Act 2003 (Vic): a plain-English guide

Which leases it covers, disclosure, the 5-year minimum, rent reviews, outgoings, repairs and disputes.

Vacant office floor with bare carpet and city windows

Guide

Does the Retail Leases Act apply to my lease?

Retail premises, the $1 million threshold, listed companies and short leases.

Woman signing loan documents at a table spread with paperwork

Guide

The 5 year minimum lease term and the waiver certificate

How options count, when it does not apply, and how a tenant gets a waiver certificate.

Tell us about your lease

Send the form, or call. We reply within one business day, by phone, email or text, whichever you prefer.

What happens next

  1. Send the form.
  2. We reply within one business day.
  3. We arrange a time to talk, or ask for the lease and any other documents we need first.

Phone: 1800 776 529 (1800 PRO LAW)
Email: info@leaselawyers.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199. We act across Victoria by phone, video and email.

We use your details only to respond to your enquiry. See our privacy policy. Sending an enquiry does not make us your lawyers until we confirm in writing.