Commercial leasing

Retail lease review in Victoria.

A retail lease is usually the largest fixed commitment a small business makes, and the Retail Leases Act 2003 (Vic) gives tenants protections that only work if the paperwork is right. CMK Legal in Richmond reviews your lease and disclosure statement, tells you in plain English what you are agreeing to, and lists exactly what should be changed before you sign.

Start onlineBook a consultation

Solicitor-reviewed

Every lease is reviewed closely by a Victorian commercial lawyer.

Fast turnaround

Advice back within 2 to 3 business days in most cases.

Fixed fee, quoted first

You know the cost before we open the document.

Victorian leasing law

Advice grounded in the Retail Leases Act 2003 and VCAT practice.

What a retail lease review covers.

We read the lease, the disclosure statement, the plan of the premises and any agreement to lease or heads of agreement, then map them against the Retail Leases Act 2003 (Vic) and the Australian Consumer Law and Fair Trading Act.

The review covers term and options, rent and the review mechanism, outgoings and what the landlord can actually recover, fit-out and incentive terms, repair and maintenance splits, permitted use, security bond and personal guarantees, assignment rights, relocation and demolition clauses, and end-of-term make-good.

You receive a plain-English rundown of the risks on each issue and a short list of amendments to request, plus a call to talk it through. If you want us to, we then take those points up with the landlord's agent or solicitor.

In Victoria a landlord must give a retail tenant a disclosure statement and a copy of the proposed lease at least 14 days before the lease is entered into. If that has not happened, you may have rights, tell us the dates.

Why the review matters before you sign.

You see the real occupancy cost, not the headline rent

Fixed increases, CPI or market reviews, outgoings estimates, promotion levies, air-conditioning charges and management fees compound over a five-year term. We total the likely cost across the whole term so the number you budget is the number you pay.

Statutory protections are confirmed, not assumed

The Act limits land tax recovery, requires outgoings estimates and reconciliations, and restricts what a landlord can charge for lease preparation. We check the lease is not quietly contracting around protections that cannot be contracted out of.

Your exit is planned at the start

Assignment rights, options, relocation and demolition clauses and make-good decide what happens when you sell, grow or close. These are far cheaper to fix before signing than to argue about later.

Fit-out and incentives are properly documented

Rent-free periods, contributions and landlord works often sit in a side letter that never makes it into the lease. We make sure the incentive is enforceable and that clawback provisions are reasonable.

You should have the lease reviewed if.

  • You are signing your first retail premises
  • The landlord has sent a lease and asked for it back this week
  • There is a rent-free period or fit-out contribution on offer
  • You are being asked for a personal guarantee or bank guarantee
  • The lease has a demolition or relocation clause
  • Outgoings are estimated but not itemised
  • You are buying a business and taking over the premises
  • The premises need a fit-out, permit or change of use

Bring us the lease before you sign the agreement to lease, once a binding agreement exists your leverage to change terms largely disappears. If you have already signed, we will still tell you where you stand and what can be renegotiated at review or renewal.

How a retail lease review works.

  1. 01

    Send us the documents

    Lease, disclosure statement, plan, and any heads of agreement or incentive letter from the agent.

  2. 02

    Fixed fee confirmed

    We scope the review and quote before starting, so there are no surprises.

  3. 03

    Full solicitor review

    The lease is read against the Retail Leases Act and against what you told us about the business.

  4. 04

    Advice delivered

    A plain-English report with risks rated and a list of amendments worth asking for.

  5. 05

    Call to talk it through

    We go through the report with you and decide which points are worth pushing on.

  6. 06

    Amendments and signing

    If you instruct us, we negotiate the changes with the landlord's solicitor and see the lease executed.

Fixed-fee retail lease review.

Most retail lease reviews are quoted as a fixed fee covering the lease, disclosure statement and advice, with a call included. Negotiating amendments and attending to execution and registration is quoted separately once we know what is in dispute.

Request a fixed-fee quote

FAQs

Retail lease review FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How do I know if my lease is a retail lease?
Broadly, premises used wholly or predominantly for the retail provision of goods or services to the public are covered by the Retail Leases Act 2003 (Vic), subject to exclusions such as very large occupancy costs, some listed company tenants and certain uses. The distinction matters, so we confirm it before advising.
How long does a review take?
Usually two to three business days from receiving the full document set. If you are up against an auction or a landlord deadline, tell us and we will prioritise it.
Can the landlord make me pay their legal costs?
Under the Retail Leases Act a landlord generally cannot recover lease preparation costs from a retail tenant, although costs of negotiation requested by the tenant and registration costs can be treated differently. We flag any clause that tries to pass on more than is allowed.
What is the disclosure statement for?
It is a statutory summary of key commercial terms, rent, outgoings estimates, term, options, fit-out. It must be given at least 14 days before the lease is entered into, and if it is not given or is materially misleading, the tenant may have rights to withhold rent or terminate.
Should I sign a personal guarantee?
Landlords usually insist on one where the tenant is a small company. The point of negotiation is not always whether, but how much and for how long, a capped guarantee, a release on assignment, or a bank guarantee instead of a personal one are all worth asking for.
Can you negotiate the lease for me?
Yes. Many clients start with a review, then instruct us to take the amendments to the landlord's agent or solicitor. That work is quoted separately and is usually resolved in a handful of exchanges.

Related services.

Lease negotiation

We negotiate rent, incentives, options and repair clauses with the other side.

Learn more

Retail Leases Act advice

Whether the Act applies to your premises, and what it changes for both sides.

Learn more

Make-good obligations

What you must return the premises to at the end of the term, and what you can resist.

Learn more

Have your retail lease reviewed.

Start online or book a consultation with a CMK Legal commercial leasing solicitor in Richmond, Melbourne.

Start onlineBook a consultation