Commercial & Retail Leasing
Commercial and retail lease advice for landlords and tenants in Melbourne. Orange Legal Group negotiates, drafts and advises on leasing arrangements.
Frequently Asked Questions
- What is the difference between a commercial and retail lease?
- A retail lease is governed by the Retail Leases Act 2003 and applies to retail premises — generally shops and businesses with direct contact with members of the public. A commercial lease is for non-retail business premises. Retail leases carry additional statutory protections for tenants, including disclosure obligations on landlords.
- What are outgoings in a commercial lease?
- Outgoings are operating expenses of the building that the tenant is required to contribute to — typically including council rates, water rates, insurance, cleaning and management fees. The lease should clearly define which outgoings are recoverable and the basis for apportionment.
- What is a make-good obligation?
- A make-good obligation requires the tenant to restore the premises to their original condition at the end of the lease — removing fit-out, repairing damage and repainting. The scope of make-good obligations varies significantly between leases and should be reviewed carefully before signing.
- Can I get out of a commercial lease early?
- Commercial lease early termination options include surrender by agreement with the landlord, assignment of the lease to a new tenant (subject to landlord consent), or subletting. The availability and cost of these options depends on the specific lease terms.
- What happens if my landlord fails to meet their obligations?
- If your landlord breaches the lease — for example, by failing to maintain common areas or interfering with your quiet enjoyment — you should document the breach and seek legal advice. For retail leases, VCAT provides a relatively accessible and cost-effective dispute resolution process.