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Frequently Asked Questions

  • What is a fair rental review?    

  • How long should a lease be?

  • Is there a minimum term?

  • Should I register my lease?

  • What outgoings should be paid by the Tenant?

  • Are you concerned about getting the best deal?

  • What are the traps you should look out for?

  • Can you trust your estate agent? Are promises made by an Estate Agent during negotiations binding?

  • Is an "Offer to Lease" or "Offer of Intention to Enter A Lease" or "Agreement to Lease" prepared by an estate agent binding? - Should it be signed? - Can I change my mind after you have signed an "Offer to Lease" or similar document?

  • When should you start your fit-out?

  • Do you need council approval and permits? Who should pay for them?

  • Have you carried out your due diligence before signing the lease?

  • Have you complied with your lease disclosure obligations?

  • Can the Lease be broken if the Landlord does not provide the right information?

  • What information can the Landlord ask for before entering the Lease?

  • Can the Landlord redevelop the premises and break the Lease?

  • What information should the Landlord disclose before signing a Lease?

  • What happens at the end of the Lease?

  • Does the Landlord need a court order before retaining the bond?

  • Does the Tenant need to reinstate the premises if the Landlord decides to develop the building?

  • How much notice should the Tenant be given before a Landlord can lock out the Tenant?

  • What are the repair obligations under the Lease? What are capital costs? Who pays for capital costs?

  • Can a Tenant get back in to the shop after a Lock Out?

  • Does the Landlord need a court order before locking out a Tenant?

  • When does a Residential Lease get treated as a Retail Lease?

  • What if the Landlord does not pay the mortgage? Can the Landlord's Mortgagee force a Tenant to leave and break the Lease?

  • What Covid 19 Relief is available for landlord and tenants? 

  • Does a tenant have a cooling off right after exercising the option? 

  • For further useful information relating to Retail Leases in Victoria, refer to the Victorian Small Business Commissioner's FAQ page 

  

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