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ARTICLE · 30 SEPTEMBER 2020

Significant changes to the Victorian retail leasing framework: considerations for landlords

Corrs Chambers Westgarth
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Most of these changes impose more obligations on landlords, so leases must be updated immediately to ensure compliance.

AustraliaReal Estate and Construction
David Ellenby
David Ellenby
Warren Scott
Warren Scott
Ligorian Phillip Mariathasan
Ligorian Phillip Mariathasan
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The Retail Leases Amendment Act 2020 (Vic) (Amendment Act) makes a number of key changes to the retail leasing framework in Victoria. The majority of these changes impose additional obligations on landlords. Accordingly, leasing processes and documentation must be updated immediately to ensure compliance.

The Amendment Act makes six key changes to Building Act 1993 (Vic) (Building Act) and the Retail Leases Act 2003 (Vic) (RLA):

  1. Landlords can recover costs of essential safety measures from tenants

In a reversal of the 2015 VCAT advisory opinion, the Amendment Act amends both the Building Act and the RLA to clarify that, provided the parties agree as such in the lease:

  • landlords can recover from tenants:

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