Retail Leases Act 2003 (Vic)

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Version No. 027

Retail Leases Act 2003

No. 4 of 2003

Version incorporating amendments as at


1 July 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Main purpose

2Commencement

Part 2—Definitions and key concepts

3Definitions

4Meaning of retail premises

5Minister may make determinations

6Meaning of common areas of a shopping centre

7When retail premises lease is entered into or assigned

8Effect of assignment of retail premises lease

9Meaning of renewal of a lease

10Holding over under a retail premises lease

Part 3—Application of the Act

11Application generally

12Application if lease term of less than a year

13Act applies to retail premises in Victoria

14      Act binds the Crown

Part 4—Entering into or renewing a retail premises lease

Division 1—Entering into a retail premises lease

15Copy of lease to be provided at negotiation stage

16Lease must be in writing and signed

17Provision of landlord's disclosure statement and proposed lease

18Effect of notice of termination

19Notices of termination

20Tenant not required to pay undisclosed contributions

21Minimum 5 year term

22Tenant to be given copy of lease

23Key-money and goodwill payments prohibited

24Security deposits

Division 2—Renewal of a retail premises lease

26Landlord's disclosure on renewal of lease

27Option to renew

28Landlord to give tenant certain information before option to renew lease expires

28AEarly rent reviews

28BCooling off period—option to renew lease

Part 5—Rent and outgoings

Division 1—The fit out of the premises

29Meaning of outgoings to which a tenant contributes

30Alterations to premises to enable fit out

31Payment of rent when landlord's fit out not completed

32Special rent—cost of fit out

Division 2—Determination of the rent

33Rent based on turnover

34Agreement about rent based on turnover

Division 3—Review of the rent

35Rent reviews generally

36Extended application of section 35

37Rent reviews based on current market rent

38Confidentiality of information supplied to valuer

Division 4—Outgoings

39Recovery of outgoings from the tenant

40Liability to contribute to non‑specific outgoings

41Capital costs not recoverable

42Depreciation not recoverable

43Tenant not liable to contribute to sinking fund

44Interest etc. on landlord's borrowings not recoverable

45Rent etc. associated with other land not recoverable

46Estimate of outgoings

47Statement of outgoings

48Adjustment of contributions to outgoings

49Limitation on recovery of management fees

50Recovery of land tax and commercial and industrial property tax

51Liability for costs associated with lease

52Landlord's liability for repairs

Part 6—Refurbishment, relocation and other interferences with tenancy

Division 1—Refurbishment, relocation etc.

53Landlord to give notice of alterations and refurbishments

54Tenant to be compensated for interference

55Relocation of the tenant's business

56Demolition

57Damaged premises

58Refurbishment and refitting

Division 2—Other interferences with tenancy

59Restriction on whom the tenant employs or engages

Part 7—Assignment and termination of a retail premises lease

60When the landlord can withhold consent to an assignment

61Procedure for obtaining consent to assignment

62Protection of assignors and guarantors

63Landlord may reserve the right to refuse a sub-lease, mortgage etc.

64Notice of the landlord's intentions concerning renewal

Part 8—Additional requirements for retail shopping centres

65Part only applies to retail shopping centres

66Changes to core trading hours

67Confidentiality of turnover information

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.