About Leasing Law

In Victoria, the key legislation which applies to retail leases is the Retail Leases Act 2003 (Vic). This is supplemented by the common law. There is no equivalent legislation that applies to general commercial leases in Victoria.

Residential leases are governed by the Residential Tenancies Act 1998 (Vic).
Issues for practitioners to consider in leasing transactions include:

• the nature of a leasehold interest in land 
• the application of contractual principles to leases 
• the application of equitable principles to leases 
• Lease disclosures 
• Preparation  and negotiation of  lease documentation including specific clauses
• Landlord’s and tenant’s fixtures and improvements 
• Protection of leases 
• Renewal of leases 
• Termination of leases 
• Remedies 
• Legal costs in  leasing transactions 
• Stamp duty in leasing transactions 
• GST in leasing transactions

Commercial Tenancy  Law Accredited Specialisation

The Commercial Tenancy Law Accredited Specialisation program has operated since 1999.  Accreditation recognises that Commercial Tenancy Law Specialists demonstrate superior knowledge, experience and proficiency and provides confidence to those engaging accredited Commercial Tenancy Law Specialists of their enhanced skill levels and expertise in commercial leasing law.  Components of the assessment program test both written and advocacy skills, as well as requiring a demonstration of deep legal knowledge.  For further information on becoming an Accredited Property Law Specialist, see here.  For a list of Accredited Property Law Specialists, see here.