Retail Lease Agreement Victorian

This Retail Lease Agreement kit is suitable for most retail shop leases in Victoria, with the exception of shops situated in large shopping centres.

The Retail Leases Act, 2003 in Victoria

In Victoria, all retail tenancies are covered by the Retail Leases Act, 2003 (the Act).

The legislation sets out a range of obligations on the landlord and the tenant, as well as some key minimum entitlements of the tenant.

This Retail Lease Kit complies with the retail tenancy legislation in Victoria. Watch the video to see what it contains.

Buy VIC Retail Lease Agreement Template Only $115.00!

Is my lease a retail lease?

If your tenant will be using the premises to sell or lease goods or sell services directly to an ‘end user’, then it is likely to be a retail lease transaction. The scope for this definition is very wide.

In most instances, determining whether a premises is a retail premises or not will be straightforward. However, at other times the distinction may not be so clear-cut. Here is an example of the range of businesses that are considered retail in Victoria:-

• Corner store;
• Law firm
• Electrical store;
• Dentist’s offices;
• Travel agent;
• Motel or hotel;
• Pharmacy;
• Grocer;
• Restaurant;
• Café;
• Bar;
• Gym;
• Mechanical repair workshops;
• Equipment hire shops;
• Credit unions and banks;
• Beauty salons;
• Massage therapists;
• Surveyor offices.

If your premises will be used as a factory, warehouse, wholesale or other business that doesn’t sell or hire goods or sell services directly to the public or ‘end user’, then see our Victorian Commercial Lease Kit, here .

Disclosure statement

A disclosure statement must be given to a proposed tenant at least seven (7) days before a lease is entered into. In addition, a proposed tenant must be given a copy of the draft form of the lease and a copy of the information brochure at the negotiation stage.

This Kit contains the relevant disclosure statement for Victoria and links to the information brochure required to be given to the tenant.

Minimum 5 year term for retail leases

A retail lease in Victoria must be for a term of at least five (5) years (including options).

A lease entered into with a term of less than five years, it will automatically be bumped up to five years, unless the tenant has received certification from the Small Business Commissioner for a shorter term.

Do I need a written lease agreement in Victoria?

Yes, the Act requires all retail leases in Victoria to be in writing and signed (s 16 of the Act).

Having a written lease in place that covers all of the variables and complies with the law is essential. It provides the parties with a clear foundation for understanding their obligations and prevents the types of disputes that can occur with verbal agreements.

The lease agreement in this Kit covers essential issues such as:

• the starting rent and how and when the rent will be increased;
• what happens if the tenant stops paying rent or gets behind in payments;
• how long the lease will run for and whether the tenant has any options to renew the lease after the initial lease term has expired;
• what happens if the tenant breaches the lease for example, by damaging the premises or altering the premises without your consent;
• circumstances in which the lease can be ended early (terminated).

What is included in the Retail Lease Kit for Victoria?

Your Lease Kit includes all of the essentials for preparing your own Retail Lease Agreement in Victoria, simply and cost effectively.

• The retail lease agreement template;
• The Landlord’s disclosure statement;
• Certificate waiving the 5 year minimum term (only use if needed);
• Step by step users guide;
• Compulsory Information brochure for the tenant;
• Our unbeatable Customer Service.