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ARTICLE · 29 JULY 2025

Retaining A Tenant's Goods After Lease Termination? Think Twice

Pointon Partners
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Recent VCAT decision warns landlords against unlawfully retaining tenant property after lease termination, even with unpaid rent.

AustraliaReal Estate and Construction
Carl Millington
Carl Millington
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Pointon Partners' regularly advises commercial landlords and property managers on their rights and obligations when a lease is terminated. A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), Cristiano v Prime Kwality Foods Pty Ltd [2025] VCAT 580, is a timely reminder of the legal and financial risks associated with retaining the tenant goods following lease termination -even where the tenant owes substantial rent arrears.

What happened?

In Cristiano, the landlords terminated a commercial lease over a warehouse following repeated non-payment of rent. The landlords re-entered the property. Following the re-entry the tenant, a food distribution business, left behind a substantial quantity of business property, including:

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