Leases are contracts that look simple and are not. A residential tenancy agreement and a commercial lease are governed by completely different statutory regimes, with different consequences for the parties. The Residential Tenancies Act 1997 (Vic) tightly regulates residential leases. The Retail Leases Act 2003 (Vic) regulates most retail leases. Pure commercial leases are largely a matter of contract. Getting the regime right is the first step.
Commercial and retail lease review
I review commercial and retail leases for tenants before signing — identifying onerous clauses, market-review traps, make-good obligations, security deposit and bank guarantee issues, and any non-compliance with the Retail Leases Act for retail premises. Lease review pre-signing is the cheapest legal step you will ever take; lease litigation is the most expensive.
Residential tenancy issues
For residential matters — bond disputes, repair obligations, notice to vacate, possession applications — I act for both tenants and landlords. Many residential tenancy disputes are resolved at VCAT (the Victorian Civil and Administrative Tribunal) under the Residential Tenancies Act 1997.
How I handle a leases matter
- 1Detailed lease review with flagged issues and negotiating points
- 2Negotiation with the other side or their lawyer
- 3VCAT representation where required
Frequently asked questions
What is a retail lease and how is it different from a commercial lease?
A retail lease is one to which the Retail Leases Act 2003 (Vic) applies — broadly, leases of premises used wholly or predominantly for the retail sale of goods or services. Retail leases attract significant statutory protections for tenants (mandatory disclosure, market rent review controls, no payment of landlord's legal fees, etc.) that do not apply to pure commercial leases.
Can a landlord increase the rent during the lease?
It depends on the lease and the regime. Retail leases have strict controls on rent review (CPI, fixed, or market — but not all combinations are allowed). Commercial leases are largely a matter of contract. Residential leases have statutory limits on frequency of increases.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about leases in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.