Retail lease disclosure review — Victoria
Disclosure defects are the most common retail lease issue in Victoria — they give the tenant statutory remedies. This checklist covers the 12 areas of disclosure under the Retail Leases Act 2003 (Vic).
This is a 12-step checklist for reviewing a Victorian retail lease disclosure statement under the Retail Leases Act 2003 (Vic). It covers the 14-day timing, mandatory content, common defects, tenant remedies, and the Small Business Commission dispute pathway. Use it on every Victorian retail lease.
The checklist
Confirm retail premises status
Confirm the premises are retail premises under s 4 of the Retail Leases Act 2003 (Vic).
Check disclosure timing
Landlord must provide disclosure at least 14 days before entry into the lease. Service counts from receipt.
Verify prescribed disclosure form
Disclosure must be in the prescribed form. Substantial compliance insufficient where key items are missing.
Review premises description
Premises description, area, use, and permitted use must align with the lease.
Review rent and rent review mechanism
Rent, reviews (CPI, fixed, market), and any incentives must be accurately disclosed.
Review outgoings estimates
Outgoings estimates must be itemised and reasonable. Landlord must not recover outgoings not disclosed.
Review trading hours and centre information
For shopping centres, review trading hours, promotional levies, centre marketing plan disclosures.
Review alterations and redevelopment
Disclose planned alterations, demolition, or redevelopment that may affect the premises.
Confirm information brochure attached
Small Business Commission Information Brochure must accompany the disclosure statement.
Identify defects and remedies
If disclosure is late or deficient, tenant may withhold rent or terminate within the first 28 days of occupancy.
Review landlord disclosure updates
Landlord must provide an updated disclosure on lease renewal and any material change.
Escalate disputes to VSBC
Disputes must be attempted at the Victorian Small Business Commission before VCAT.
When this checklist applies
Use this checklist whenever a Victorian retail lease is being entered, renewed, or assigned. For landlords, use it before disclosure is issued; for tenants, on receipt.
Common pitfalls
- Disclosure served late — tenant gains 28-day termination right
- Outgoings not itemised — not recoverable
- Information Brochure omitted
- Rent review mechanism in the lease differing from the disclosure statement
- Skipping VSBC step and going direct to VCAT — jurisdictional issue
Run this checklist on a real matter
Quillio reviews Victorian retail lease disclosure statements against s 17 compliance, flags defects, and drafts tenant remedy letters. See /practice-areas/property-lawyers or start a free trial.
The Retail Leases Act 2003 (Vic) and Regulations are updated from time to time. Use this checklist with the current prescribed form.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no sales call.
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