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This section of the VSBC website provides information about the Retail Leases Act 2003, which applies to all leases signed after 1 May 2003.
The Retail Leases Act 2003 (incorporating amendments from 23 November 2005) can be downloaded by clicking on the relevant attachment below.
Some leases are still covered by the Retail Tenancies Reform Act 1998. If you are still covered by this legislation, you can refer to this Act below also. Note that the Retail Leases (Amendment) Act 2005 will also affect the Retail Tenancies Act 1986.
Retail Leases (Amendment) Act 2005
The Retail Leases (Amendment) Act 2005 amends laws affecting retail leases in Victoria and began operation on 23 November 2005.
Some of the more significant amendments include:
· an amendment to s.146 of the Property Law Act 1958 to require a landlord to notify a tenant in the event of a breach of lease (including a breach amounting to repudiation), so that the tenant has 14 days to rectify the breach before the landlord can enter the premises and terminate the lease. Notice is still not required in the case of non-payment of rent [s.146(12)].
· an amendment to the Retail Tenancies Reform Act 1998 which, as a result of the Supreme Court of Victoria decision in Ovideo Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd, has enabled tenants to recover rent that was paid during a period where they had not been provided with a disclosure statement. The Act provides that such claims cannot be made after 1 May 2006.
Other amendments to retail tenancies laws include:
- An amendment to repairs and maintenance provisions, such as s.52 of the Retail Leases Act 2003. In summary, the changes to s.52 include:
- changes to require a landlord to maintain the property "in a condition consistent with the condition of the premises when the retail premises lease was entered into" instead of "in good repair".
- A note is inserted at the foot of s.52 to highlight other provisions in the 2003 Act which, together with the application of s.52, clarify that while the landlord is responsible to arrange and carry out the repairs under s.52(2), the cost of those repairs, other than capital costs and the cost of urgent repairs, may be passed on to the tenant if they have been specified in the lease as recoverable outgoings under the lease.
- The definition of “retail premises” has been amended to clarify that a retail premises does not include any area intended for use as a residence.
- Disclosure procedures are streamlined so that if a tenant has been given a disclosure statement before entering into an agreement for lease, the landlord is not required to give a further disclosure statement before the parties enter into a retail premises lease, if that lease is substantially in accordance with the earlier agreement for lease.
- A landlord must return a security deposit to the tenant as soon as practicable after the lease ends where the tenant has performed all obligations under the lease.
The second reading speech for the Retail Leases (Amendment) Act 2005 can be found by clicking here.
If you have queries about the new legislation, please contact the Office of the Victorian Small Business Commissioner on 13 22 15 or toll free on 1800 136 034.
A version of the Retail Leases Act 2003 incorporating the amendments that came into operation with the Retail Leases (Amendment) Act 2005 on 23 November 2005 can be downloaded by clicking on the link below.
A version of the Retail Tenancies Reform Act 1998 incorporating the amendments that came into operation with the Retail Leases (Amendment) Act 2005 on 23 November 2005 can be downloaded by clicking on the link below.
A version of the Retail Tenancies Act 1986 incorporating the amendments that came into operation with the Retail Leases (Amendment) Act 2005 on 23 November 2005 can be downloaded by clicking on the link below.
Retail Leases Act 2003 Retail Tenancies Reform Act 1998Retail Tenancies Act 1986 | | You will need to download a copy of Adobe Acrobat Reader to view .pdf files. If you do not have the Adobe Acrobat viewer, you can download it for free from the Adobe website. Click here to download the Adobe Acrobat Reader |
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