Melbourne’s commercial property market covers everything from CBD office towers and Southbank mixed-use developments to industrial warehouses in the western suburbs and strata-titled shopfronts across the inner city. Regardless of the property type, the lease terms you agree to will define your rights, your obligations, and your options if something goes wrong.
Commercial lease agreements in Victoria are governed by general contract law and property legislation, with additional requirements under the Retail Leases Act 2003 (Vic) where the premises qualify as a retail tenancy. Even for non-retail commercial leases that fall outside the Act, the quality of the drafting will determine how well you’re protected when it comes to rent reviews, outgoings, maintenance obligations, make good requirements, and what happens if the other party defaults.
At Lease Lawyers, we provide fixed fee commercial lease services for landlords and tenants across Melbourne and Victoria. We draft, review, and negotiate lease agreements that protect your position and comply with the applicable legislation.
Our commercial lease agreements start from $950+GST, a fixed fee quoted upfront with no hourly billing and no hidden costs.Enquire Online Now
We prepare commercial lease agreements tailored to the type of property and the commercial arrangement between the parties. Every lease we draft clearly addresses rent, lease term, permitted use, outgoings, maintenance responsibilities, rent review mechanisms, and options to renew.
For Melbourne properties, we also account for the specific considerations that apply to strata-titled commercial premises, industrial sites with complex fit-out requirements, and mixed-use developments where residential and commercial tenancies coexist under the same building.
If you’ve received a commercial lease to sign, we review every clause and explain the practical implications for your situation. Common issues we flag in Melbourne leases include vague make good definitions that create disputes at lease end, outgoings clauses that allow the landlord to recover costs beyond what was disclosed, rent review mechanisms that lack a clear process for resolving disagreements, and option clauses with strict notice requirements that are easy to miss.
A thorough lease review before signing is one of the most cost-effective steps you can take to protect your business or property investment.
Melbourne’s commercial property market varies significantly by location and sector. Lease terms that are standard in a Bourke Street office tenancy look very different from what’s expected in a Laverton industrial lease or a Richmond mixed-use space. We negotiate terms that reflect the market conditions and commercial realities of your specific situation.
For landlords, we focus on securing strong tenant obligations, enforceable rent review mechanisms, and practical default provisions. For tenants, we negotiate rent-free periods, fit-out contributions, outgoings caps, and renewal options that protect your business investment in the premises.
Industrial leases across Melbourne’s western and south-eastern corridors involve specific considerations around permitted use, environmental compliance, heavy vehicle access, and fit-out requirements for manufacturing or logistics operations. We prepare industrial lease agreements that address these practical needs alongside the standard commercial lease terms.
Leasing commercial premises within a strata scheme adds a layer of complexity that standard commercial leases don’t address. The lease needs to work alongside the owners corporation rules, and both the landlord and tenant need to understand how body corporate obligations, common area costs, and building management decisions interact with the lease terms.
We draft and review strata commercial leases that address these overlapping requirements, ensuring the lease is consistent with the strata scheme and that your rights and obligations are clearly defined.
When commercial lease disputes arise in Victoria, the resolution path depends on the nature of the dispute and whether the lease falls under the Retail Leases Act. Retail lease disputes can be referred to the Victorian Small Business Commission for mediation before proceeding to the Victorian Civil and Administrative Tribunal (VCAT). Non-retail commercial lease disputes are typically resolved through negotiation, mediation, or court proceedings.
We represent Melbourne landlords and tenants across all dispute resolution forums, with a focus on achieving practical outcomes that minimise cost and disruption to your business or property operations.
When a tenant needs to transfer their lease to a new party, or sublet part of the premises, the process needs to be documented carefully to protect everyone involved. Under Victorian law, landlords of retail premises cannot unreasonably withhold consent to an assignment, and there are time limits on how long a landlord can take to respond. For non-retail commercial leases, assignment rights depend on the terms of the lease itself.
We handle assignment and subletting documentation for both landlords and tenants, ensuring the process complies with Victorian requirements while protecting the commercial interests of all parties.Enquire Online Now
The legal framework for commercial leasing in Victoria differs from other states in several important ways. Whether the Retail Leases Act applies to your premises will determine which additional obligations and protections are in play.
The Retail Leases Act 2003 applies to leases of premises used wholly or predominantly for the retail sale or hire of goods or services, where occupancy costs fall below the prescribed threshold (currently $1 million per annum). Where the Act applies, it imposes specific obligations on landlords including providing a disclosure statement at least 14 days before the lease is entered into, a prohibition on ratchet clauses in rent reviews, a minimum five-year lease term (unless properly waived), restrictions on recovering land tax from tenants, and a requirement to provide annual outgoings estimates and reconciliations.
If your premises don’t fall under the Act, the lease is governed by general contract law and the Property Law Act 1958 (Vic). This gives both parties more flexibility in how terms are structured, but it also means there are fewer statutory protections for tenants, making the quality of the lease drafting even more important.
For landlords and tenants dealing with retail premises specifically, our retail lease lawyers can help with the additional compliance requirements.
Commercial leases with a term exceeding three years (including any option periods) should be registered with Land Victoria to be enforceable against subsequent purchasers of the property. Unregistered leases may not bind a new owner, which can put the tenant’s occupancy at risk if the property is sold. We advise on registration requirements and ensure the process is completed where applicable.Enquire Online Now
Signing a lease for new office or commercial premises. You’ve found a space in the CBD, South Melbourne, or Cremorne and need the lease reviewed before you commit. We check every clause against your commercial priorities and flag anything that could create problems during the lease term or at exit.
Drafting a lease for an investment property. You own a commercial property and need a lease agreement that protects your investment. We draft documentation that clearly defines the tenant’s obligations, structures rent reviews to reflect market conditions, and includes practical provisions for dealing with default, assignment, and make good.
Leasing industrial or warehouse space. Industrial leases in Melbourne’s western and south-eastern corridors involve specific considerations around permitted use, environmental obligations, and heavy-duty fit-out requirements. We prepare lease agreements that address these practical needs alongside the standard commercial terms.
Dealing with a rent review disagreement. Your lease includes a market rent review and the parties can’t agree on the figure. We advise on the dispute resolution process in the lease, whether an independent valuation is required, and what your options are if the process reaches a deadlock. For retail leases, the Victorian Small Business Commission can appoint a specialist retail valuer if the parties are unable to agree.
Navigating a lease assignment. Your tenant wants to transfer the lease to a new operator, or you’re a tenant looking to exit by assigning your lease. We prepare assignment documentation, assess whether consent can reasonably be withheld, and ensure the incoming party provides adequate security.
Make good disputes at lease end. The lease is expiring and there’s a disagreement about what the tenant needs to do before handing back the premises. We review the make good clause, advise on what’s required, and negotiate with the other party to reach a practical resolution.Enquire Online Now
Fill out our enquiry form or send us a message with the details of what you need. We respond within 2 business hours.
We discuss your requirements and provide a fixed fee quote. No obligation and no surprises. You’ll know exactly what the service costs before we start.
We prepare your lease agreement or review the document you’ve received, ensuring it complies with Victorian legislation and protects your interests.
You review the draft and raise any questions or requested changes. Revisions are included in the fixed fee.
We guide you through execution of the lease and advise on any next steps, including registration with Land Victoria for leases exceeding three years.Enquire Online Now
Fixed fee from $950+GST. No hourly billing. You know exactly what your lease will cost before we start, and that fee covers the full process including revisions.
Victorian legislation expertise. We work with Victorian commercial property law every day. Your lease will reflect the legal requirements specific to this state, not a generic national template.
We act for both sides. Whether you’re a landlord or a tenant, we bring the same level of attention to your agreement. Understanding both perspectives means we draft leases that are balanced and less likely to end in a dispute.
All property types covered. From CBD offices and retail shopfronts to industrial warehouses and strata commercial premises, we handle leases across every commercial property category in Melbourne.
Fast turnaround. We respond to enquiries within 2 business hours and most standard lease agreements are completed within 3 to 5 business days.Enquire Online Now
Our fixed fee for drafting a commercial lease agreement is $950+GST. This covers the full process from initial consultation through to the completed, signed agreement. For lease reviews and more complex matters, we provide a fixed fee quote after understanding your requirements.
The Retail Leases Act 2003 (Vic) applies to leases of retail premises where annual occupancy costs are below the prescribed threshold (currently $1 million). It covers shops in retail shopping centres as well as standalone retail premises. Most office, industrial, and warehouse leases fall outside the Act. If you’re unsure whether your lease is classified as a retail lease, we can assess your situation and advise on which obligations apply.
If your lease is covered by the Retail Leases Act, the landlord cannot pass on land tax as an outgoing. For non-retail commercial leases in Victoria, land tax recovery depends on what the lease agreement says. It’s common for non-retail commercial leases to include land tax as a recoverable outgoing, so this is an important clause to check before signing.
A ratchet clause is a provision in a rent review mechanism that prevents the rent from decreasing, even if market rents have fallen. Under the Retail Leases Act 2003, ratchet clauses are prohibited in retail leases in Victoria. For non-retail commercial leases, ratchet clauses are permitted and are a matter of negotiation between the parties.
Make good obligations set out what the tenant must do to restore the premises to an agreed condition at the end of the lease. This might include removing fit-outs, repairing damage, and returning the property to its original state. Without a clear make good clause, disputes about the scope and cost of restoration are common. We draft and review these clauses to ensure both parties know exactly what’s expected.
Leases with a term exceeding three years (including option periods) should be registered with Land Victoria to ensure they are enforceable against subsequent purchasers of the property. Unregistered leases may not bind a new owner, which can put the tenant’s occupancy at risk if the property is sold.
Your options depend on the nature of the breach and what the lease says about default and termination. For rent arrears, the lease will typically set out a notice process and a cure period before the landlord can take further action. The Property Law Act 1958 (Vic) also imposes notice requirements before a landlord can forfeit a lease for breach. We advise landlords on the appropriate steps to take based on the specific breach and the applicable legislation.
The resolution process depends on what the lease says. Most leases provide for an independent valuation if the parties can’t agree. For retail leases, the Retail Leases Act sets out a specific process for market rent reviews, including the ability to have a specialist retail valuer appointed by the Victorian Small Business Commission. For non-retail commercial leases, the dispute resolution process is governed entirely by the lease terms.Enquire Online Now
We provide commercial lease services to clients throughout Melbourne and regional Victoria. Our fixed fee services are delivered online and over the phone, so your location doesn’t affect the service you receive or the price you pay.
Whether your commercial property is in the Melbourne CBD, South Melbourne, Richmond, Footscray, Dandenong, Box Hill, Geelong, Ballarat, Bendigo, or anywhere else in Victoria, we can draft, review, or negotiate your lease agreement.
Contact us today, we generally respond within 2 business hours.
