What to give, and when
| Document | When | Section |
|---|---|---|
| A copy of the proposed lease and the Small Business Commission’s information brochure | As soon as negotiations begin (not on a renewal) | s 15 |
| The disclosure statement in the prescribed form, and the proposed lease with the tenant, rent and term completed | At least 14 days before the lease is entered into | s 17 |
| An itemised estimate of outgoings | Before the lease is entered into, then at least one month before each accounting period | s 46 |
| A copy of the fully signed lease | Within 28 days after receiving the lease signed by the tenant | s 22 |
| Renewal disclosure statement, when an option is exercised | At least 21 days before the current term ends | s 26 |
| Renewal disclosure statement, when the parties agree to renew | Within 14 days after the agreement | s 26 |
| Option reminder notice | At least 3 months before the last date to exercise the option | s 28 |
| Notice for a lease with no option: an offer to renew, or notice that the lease will not be renewed | Between 6 and 12 months before the term ends | s 64 |
The disclosure statement must be in the prescribed form: Schedule 1 to the Retail Leases Regulations 2023 (Vic) for premises outside a retail shopping centre, and Schedule 2 for premises in one. If the proposed lease changes after the earlier copy was given, the landlord must point out the changes.
New brochure from 1 July 2026. The Small Business Commission published a new Retail Leases Information Brochure: For Tenants on 1 June 2026, to be used for negotiations starting on or after 1 July 2026. It replaces all previous versions, so check your leasing pack uses it.
If the statement is given late
If the disclosure statement and lease are given less than 14 days before the lease is entered into, the term is taken to start 14 days after they were given.
If no statement is given
If the tenant has not received a disclosure statement, the tenant may give the landlord written notice, no earlier than 7 days and no later than 90 days after entering into the lease. The tenant may then withhold rent until the statement is given, and is not liable for rent from the date of the notice until it is. The tenant may also terminate the lease within 7 days after receiving the statement.
If the statement is wrong or incomplete
If the statement is misleading, false or materially incomplete, or the proposed lease was not given, the tenant may terminate the lease within 28 days after the latest of receiving the statement, receiving the lease and entering into the lease.
The termination takes effect 14 days after the tenant’s notice unless the landlord objects within that time. To resist the termination, the landlord must show that it acted honestly and reasonably, and that the tenant is in substantially as good a position as if the statement had been correct.
Fit-out costs must be disclosed
A lease term that makes the tenant pay for fit-out is void unless the cost was disclosed in the disclosure statement.
How we help landlords
- Leasing packs: the lease, disclosure statement and outgoings estimate, prepared together so they match.
- Checking statements prepared by agents before they go out.
- Renewal statements, option reminder notices and end-of-term notices, diarised against the lease.
- Responding when a tenant withholds rent or gives notice of termination over disclosure.
For tenants
If you did not receive a disclosure statement, or something in it was wrong, the time limits above are short. Talk to us before the 90-day or 28-day period passes.
Law referred to
- Retail Leases Act 2003 (Vic) ss 15, 17(1) to (7), 18, 20, 22, 26, 28(1A), 46 and 64.
- Retail Leases Regulations 2023 (Vic) regs 7 and 8, Schedules 1 to 3.
This page is general information about Victorian law as at October 2026. It is not legal advice about your lease.
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