Why review the lease before you sign
A lease sets the rules for years of occupation. The rent you start on is only part of the cost: rent reviews, outgoings, repairs, make good at the end, and the conditions on any option often matter more over the term. Agents and landlords sometimes describe a lease as standard. There is no standard lease. Even common forms are changed for each deal, and the changes are where the risk sits.
A review before signing is also when you have the most room to negotiate. After signing, changes need the landlord’s agreement, usually by a deed of variation.
What we check
- The parties and any guarantee. Who signs, whether directors are asked to guarantee, and how far the guarantee reaches.
- Term and options. The start date, the length of the term, and the conditions and deadlines for exercising any option.
- Rent and rent reviews. How and when rent changes, and whether reviews are fixed, index-based or to market.
- Outgoings. Which costs you pay, how your share is worked out, and whether you get estimates and statements.
- Permitted use. Whether the use clause actually allows your business, now and as it grows.
- Repairs and maintenance. What you must fix, and what stays with the landlord.
- Fit-out and alterations. Approvals, who owns the fit-out, and what must be removed.
- Make good. The condition you must return the premises in, which can be a substantial cost.
- Assignment and subletting. Whether you can sell the business with the lease, and on what conditions.
- Security. Bank guarantees and deposits, and when they are returned.
- Relocation, demolition and redevelopment. When the landlord can move you or end the lease, and the compensation.
- Default and termination. What counts as a default, notice periods, and the landlord’s remedies.
If it is a retail lease
If the Retail Leases Act 2003 (Vic) applies, it overrides inconsistent lease terms. When we review a retail lease, we also check that the landlord has complied with the Act. Among other things:
- The landlord must give you a disclosure statement and the proposed lease at least 14 days before the lease is entered into.
- The term, including options, must generally be at least 5 years, unless you obtain a waiver certificate from the Victorian Small Business Commission and give it to the landlord.
- A clause that stops a market rent review from reducing the rent is void.
- Outgoings are recoverable only if the lease specifies them, and the landlord must give you an estimate before the lease is entered into.
- A clause requiring you to pay the landlord’s land tax or commercial and industrial property tax is void.
- The landlord cannot recover its legal costs of negotiating and preparing the lease from you.
Not sure whether the Act applies? Read does the Retail Leases Act apply to my lease.
What you receive
- A written summary of the key terms: rent, reviews, outgoings, term, options, security and make good.
- The clauses that carry the most risk for your business, explained in plain English.
- Recommended changes, in order of importance.
- If you want us to, we negotiate those changes with the landlord or the landlord’s lawyer.
The lawyer you speak to is the lawyer who reviews your lease.
What to send us
- The draft lease.
- For a retail lease, the disclosure statement and the Small Business Commission’s information brochure, if you received it.
- Any letter of offer or heads of agreement.
- The outgoings estimate, and any plan of the premises.
- Any guarantee or bank guarantee wording the landlord has asked for.
Fixed fee
A lease review costs $1,100 including GST ($1,000 + GST) for most commercial and retail leases. The fee covers:
- reading the lease, the disclosure statement and any letter of offer;
- written advice on the key terms and the clauses that carry the most risk;
- recommended changes, in order of importance; and
- a follow-up phone call to talk it through.
For a lease over 60 pages or with unusual terms, such as some shopping centre leases, we quote a fixed fee before we start. If you want us to negotiate the changes, we quote for that separately. Not sure yet? Start with a free 15-minute phone call. See how our fees work.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
$1,100 including GST ($1,000 + GST) for most commercial and retail leases, as a fixed fee. For a lease over 60 pages or with unusual terms, we quote a fixed fee before we start.
It depends on the length of the lease and how quickly you need it. We tell you the timeframe when we quote, and work to any deadline in the letter of offer.
Only if the landlord agrees. Changes are usually made by a deed of variation. That is why the review is worth doing before you sign.
There is no standard lease. Even common forms are amended for each deal, and the special conditions and annexures often change the commercial position.
Yes. We act on leases across Victoria by phone, video and email, and meet in person in Frankston.
Law referred to
- Retail Leases Act 2003 (Vic) ss 17(1) (disclosure), 21 (minimum term), 35(3) (rent reviews), 39 and 46 (outgoings), 50 (land tax and CIPT), 51 (lease preparation costs).
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.