Commercial Lease Lawyers Melbourne
Commercial lease lawyers for Melbourne businesses. We review leases for tenants and draft leases for landlords under Victorian law, online and on a fixed fee.
- Fixed fee lease review.
- For landlords and tenants.
- Online, no need to come in.
Before you sign
We review the lease and send you written advice in plain English. We cover the rent and rent reviews, outgoings, make good, the personal guarantee, options and assignment, and list the changes worth asking for.
For landlords
We draft the lease to match the agreed deal, plus an incentive deed where there is one. For retail premises we also prepare the disclosure statement.
What Victorian law adds
Victorian premises mean Victorian law applies, even if your business or the landlord is elsewhere.
Registration and caveats
Victorian land is registered with Land Use Victoria under the Transfer of Land Act 1958. Unlike some states, Victoria gives a tenant in actual possession some protection against a later owner even if the lease isn’t registered. That’s why many leases here are never registered. A tenant with a long lease or options may still lodge a caveat or register the lease.
Ending a lease for breach
The Property Law Act 1958 requires a landlord to give the tenant a notice before ending the lease for most breaches. The notice must set out the breach and, where it can be fixed, give the tenant time to fix it. Unpaid rent is treated differently, and the lease usually sets out the process.
Retail premises
If the premises are retail, the Retail Leases Act 2003 (Vic) applies. Its key rules:
- the landlord must give the tenant a disclosure statement at least 14 days before the lease is entered into
- the term must be at least five years, including options, unless the tenant gets a waiver certificate from the Victorian Small Business Commission
- the landlord can’t recover land tax from the tenant
- most disputes must go to the Victorian Small Business Commission before VCAT
See retail leases in Victoria for how these rules affect landlords and tenants.
How it works
- Enquire online and attach the lease or the heads of agreement.
- We confirm the fee.
- You get our written advice on the lease, or the documents ready to send to the other side.
- The lease is signed electronically.
We act for clients in every state and territory, so there is no need to come in.
Other lease services
- Option to renew: checking the option window and giving notice correctly.
- Deed of surrender: ending a lease early by agreement.
- Make good disputes: when you disagree about the premises’ condition at the end of the lease.
- Lease disputes: rent, outgoings, repairs and other disagreements.
Where to find us
Alexander Hone Lawyers
Level 3, 98–100 Elizabeth Street
Melbourne VIC 3000
Questions
Something else? Enquire online or email us.
Can the landlord pass land tax on to me?
Not under a retail lease in Victoria. The Retail Leases Act 2003 stops the landlord recovering land tax from a retail tenant. Under other commercial leases, the landlord can recover it if the lease says so, so check the outgoings clause.
Should I register or caveat my lease?
Victorian law gives a tenant in possession some protection without registration, so many leases are never registered. A caveat or registration can still be worth it if you have a long term, options or a costly fitout. We tell you whether it suits your lease.
How do retail lease disputes work in Victoria?
You first try mediation through the Victorian Small Business Commission. If that fails, the dispute can go to VCAT. In most VCAT retail lease cases each side pays its own legal costs.
Have a lease to sign or prepare?
Send it to us online with a short note of the deal. We'll confirm the fee before we start.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.