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Retail lease lawyers in Melbourne and Victoria
Most shop and service leases in Victoria are governed by the Retail Leases Act 2003 (Vic). We act for retail tenants and landlords across Melbourne and Victoria, from the disclosure statement to the end of the lease.
When a lease is a retail lease
The Retail Leases Act 2003 (Vic) applies to premises used, or to be used, wholly or predominantly for the retail sale or hire of goods or the retail provision of services. Shops are the obvious example, but the Act can also cover services sold to other businesses, such as cold storage.
The Act does not apply in some cases, including where occupancy costs are more than $1 million a year (excluding GST) or the tenant is a listed company. Read does the Retail Leases Act apply to my lease, or send us the lease and we will confirm it.
When the Act applies, it makes some lease terms void and adds obligations the lease may not mention. That changes what a tenant can rely on and what a landlord must do.
For retail tenants
- Before you sign: the landlord must give you the Small Business Commission’s information brochure when negotiations start, and a disclosure statement and the proposed lease at least 14 days before the lease is entered into. We review both. See commercial lease review.
- The term: a retail lease, including options, must generally run for at least 5 years, unless you obtain a waiver certificate from the Small Business Commission and give it to the landlord.
- Outgoings: you pay only the outgoings the lease specifies, with an estimate in advance and an annual statement. A clause making you pay the landlord’s land tax or commercial and industrial property tax is void.
- Repairs: the landlord must maintain the structure, fixtures, plant and equipment in a condition consistent with their condition when the lease was entered into, subject to limited exceptions.
- Options: the landlord must remind you in writing at least 3 months before the last date to exercise an option. See options to renew.
- Selling the business: the landlord can refuse consent to an assignment only on limited grounds. See assigning the lease.
- Relocation and demolition: the landlord must give at least 3 months’ notice of a relocation and 6 months’ notice of a demolition. A tenant facing relocation may end the lease, or move and have its reasonable relocation costs paid. On a demolition, the tenant is compensated for fit-out the landlord did not provide.
For retail landlords
- Leasing packs: the lease, the disclosure statement in the prescribed form and the outgoings estimate, prepared together so they match. See disclosure statements.
- Rent reviews: the lease must state when and how rent is reviewed, and a clause that stops a market review from reducing the rent is void. See rent reviews.
- Outgoings: estimates before each accounting period, and an annual statement within 3 months after it ends, with an auditor’s report where required.
- Costs: a retail landlord cannot recover its legal costs of preparing the lease from the tenant, but can recover reasonable costs connected with an assignment or sub-lease.
- Security deposits: a cash deposit is held in an interest-bearing account and, if the tenant has met its obligations, returned within 30 days after the lease ends.
- Consents and notices: assignment requests answered within 28 days, option reminder notices, and end-of-term notices, diarised against the lease.
Retail lease disputes
Most retail tenancy disputes must go to mediation at the Victorian Small Business Commission before VCAT can hear them, and at VCAT each party usually bears its own costs. We act for tenants and landlords at mediation, at VCAT and in the courts. See lease disputes.
Fees
Start with a free 15-minute phone call. A lease review costs $1,100 including GST ($1,000 + GST) for most retail leases, as a fixed fee. For other work we quote in writing before we start. See how our fees work.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Usually, if the premises are used wholly or mainly to sell or hire goods, or provide services, to customers who use them themselves, whether those customers are members of the public or businesses. It is not a retail lease if an exclusion applies, for example where occupancy costs exceed $1 million a year or the tenant is a listed company. We confirm it before you sign.
No. Under a retail lease, a term requiring the tenant to pay the landlord’s land tax or commercial and industrial property tax is void.
The structure of the premises, fixtures, plant and equipment, and appliances the landlord provides, in a condition consistent with their condition when the lease was entered into. The landlord is not responsible where the damage comes from the tenant’s misuse. In an urgent case, where the landlord has not acted, a tenant may arrange repairs and recover the reasonable cost.
At least 5 years, including options, unless the tenant obtains a waiver certificate from the Victorian Small Business Commission and gives it to the landlord. A shorter lease is not invalid; its term is extended to comply.
Law referred to
- Retail Leases Act 2003 (Vic) ss 4, 11(2), 15, 17, 21, 24, 28(1A), 35, 39 to 50, 51, 52, 55, 56, 60, 61, 64, 87, 89 and 92.
- Retail Leases Regulations 2023 (Vic) reg 6.
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.