Three kinds of deadline
- Limitation periods: the time within which a claim must be started, set mainly by the Limitation of Actions Act 1958 (Vic).
- Statutory windows: short periods under the Retail Leases Act 2003 (Vic) for giving notices and using rights, some only days or weeks long.
- Deadlines in the lease and in notices: option dates, rent review notice periods and the time to remedy a breach.
Missing a limitation period can end a claim. Missing a statutory window or a lease deadline can cost a right that no later claim will restore.
Limitation periods for lease claims
Under the Limitation of Actions Act 1958 (Vic):
- an action founded on simple contract must be brought within 6 years from the date the cause of action accrued; and
- an action on a specialty, which includes a deed, has a 15-year period.
Many leases are signed as deeds, so a claim for breach of the lease itself may have the longer period. An agreement for lease, or a lease that was not executed as a deed, is likely to be treated as a simple contract with the 6-year period. Do not assume the 15-year period applies to every claim connected with a lease: some claims have their own rules. A claim to recover arrears of rent cannot be brought more than 6 years after the arrears became due (s 19), and claims under the Retail Leases Act have their own provisions. VCAT’s guidance is that claims under the Retail Leases Act or the Australian Consumer Law and Fair Trading Act 2012 (Vic) generally must be made within 6 years of the date the dispute arose.
When time starts
Time generally runs from when the cause of action accrues. For a breach of the lease, that is usually when the breach happens, not when the loss is discovered. Rent and other periodic payments fall due one by one, so part of a claim can be out of time while the rest is not. A limitation period is generally a defence the other side must raise; it does not stop a claim being filed, but a claim that is out of time can be defeated on that ground.
Do limitation periods apply at VCAT?
For a time they did not. In Lanigan v Circus Oz [2022] VSC 35, the Supreme Court held that VCAT is not a court of law for the purposes of the Limitation of Actions Act, so its limitation periods did not apply to proceedings started at VCAT. That opened the door to older claims at VCAT, including tenants’ counterclaims reaching back many years.
Parliament responded in 2023. The Justice Legislation Amendment Act 2023 (Vic) amended the Limitation of Actions Act so that a proceeding at VCAT is an “action” under it (s 3(1)), and the change applies whether the cause of action accrued before or after it commenced (s 39B). VCAT’s guidance for lease disputes is that applications generally must be made within 6 years of the date the dispute arose. In practice, treat a lease claim at VCAT as subject to the same limitation periods as a claim in court.
Short deadlines under the Retail Leases Act
For retail leases, the Act sets deadlines that are much shorter than any limitation period. The main ones are:
| Situation | Deadline | Section |
|---|---|---|
| Disclosure statement not given | Tenant’s written notice no earlier than 7 days and no later than 90 days after entering into the lease. The tenant may then withhold rent, and may end the lease within 7 days after receiving the statement. | s 17 |
| Disclosure statement misleading, false or materially incomplete | Tenant may end the lease within 28 days after the latest of receiving the statement, receiving the lease and entering into it. The landlord may object within 14 days. | s 17 |
| Renewal disclosure statement not given or defective | Tenant’s notice within 90 days | s 26 |
| Option reminder | Landlord must give written notice at least 3 months before the last date to exercise the option | s 28 |
| Early market rent review before exercising an option | Tenant must ask within 28 days after the landlord’s option notice | s 28A |
| Cooling off after exercising an option | 14 days, where the tenant did not ask for an early review | s 28B |
| Rent review the landlord has not started | Tenant may start it if the landlord has not done so within 90 days after the time the lease allows | s 35 |
| Urgent repairs arranged by the tenant | Tenant must give notice of the repairs and the cost within 14 days | s 52 |
| Relocation | Tenant may end the lease within 1 month of the landlord’s relocation notice | s 55 |
| Request for consent to assign | Consent is deemed if the landlord gives no written decision within 28 days of a complete request | s 61 |
| Unconscionable conduct | A claim for loss is lodged with VCAT within 6 years | Part 9 |
Diarise these the day a lease, notice or statement arrives. For the detail, see our guide to the Retail Leases Act, disclosure statements and options to renew.
Deadlines in the lease and in notices
- Options. An option generally must be exercised strictly within the period, and in the manner, the lease sets. Under a retail lease, a late or incomplete reminder notice from the landlord moves the exercise date to 3 months after a proper notice is given.
- Rent reviews. Some leases make a reviewed rent binding if a party does not respond to a review notice in time.
- Breach notices. A notice under section 146 of the Property Law Act 1958 (Vic) must give a reasonable time to remedy the breach, or any period of at least 14 days that the lease fixes. A tenant who lets it expire risks re-entry. See rent arrears and breach notices.
- The end of the lease. Leases often set dates for make good and for notices about holding over. See make good.
Offices, warehouses and factories
The Retail Leases Act deadlines do not apply to leases outside the Act. The Limitation of Actions Act periods do, and so do the deadlines in the lease and in any notice. Without the Act’s option reminder, a tenant under a non-retail lease must track its own option dates. See commercial lease disputes.
Why acting early matters
A limitation period is the outer limit, not a target. Urgent remedies such as an injunction or relief against forfeiture depend on acting promptly, and delay can count against a party well within the limitation period. Evidence fades too: emails are deleted, people move on, and premises are re-let or refitted. Get advice before a deadline, not after it.
How we help
- Checking whether a claim is in time, and which period applies.
- Diarising the deadlines in your lease and in the Retail Leases Act.
- Notices under the Act, served within the time limits.
- Starting proceedings at VCAT or in court before time runs out.
Start with a free 15-minute phone call. For other work, we quote in writing before we start.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Generally 6 years from the breach where the lease is a simple contract, and 15 years where it is a deed. A claim for arrears of rent must be brought within 6 years after the arrears became due. Claims under the Retail Leases Act have their own rules, so check the particular claim.
They should be treated as applying. After a 2022 Supreme Court decision held that they did not, the Limitation of Actions Act was amended in 2023 so that a VCAT proceeding is an action under it, and VCAT’s guidance is that lease claims generally must be made within 6 years.
A retail tenant who did not receive a disclosure statement may give the landlord written notice no earlier than 7 days and no later than 90 days after entering into the lease.
Yes. A claim for loss under the Retail Leases Act’s unconscionable conduct provisions is lodged with VCAT within 6 years.
Law referred to
- Limitation of Actions Act 1958 (Vic) ss 3(1) (definition of action), 5(1)(a), 5(3), 19 and 39B.
- Justice Legislation Amendment Act 2023 (Vic).
- Retail Leases Act 2003 (Vic) ss 17, 26, 28, 28A, 28B, 35, 52, 55, 61 and pt 9.
- Property Law Act 1958 (Vic) s 146.
- Lanigan v Circus Oz [2022] VSC 35.
Last reviewed: October 2026, by a Victorian solicitor with a current practising certificate. This page is general information about Victorian law as at October 2026. It is not legal advice about your lease.
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
- Send the form.
- We reply within one business day.
- 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.