RETAIL LEASES ACT 2003 (VIC)
If you are a landlord or tenant in relation to a “retail premises lease”, the Retail Leases Act 2003 (Vic) probably applies to your lease.
The Act provides protections for tenants, some of which are fairly rugged, and it is important that you are aware of them.
The Act applies to leases of “retail premises” located in Victoria, Australia (as well as sub-leases and agreements to lease in respect of such premises, whether or not in writing) entered into or renewed after 1 May 2003, which have a term of one year or more.
“Retail premises” are generally premises, (excluding any area intended for use as a residence and certain other prescibed premises), that under the terms of the lease are used, or are to be used, wholly or predominantly for the sale or hire of goods by “retail” or the “retail” provision of services. The term “retail” has been given a somewhat technical and obscure meaning by the Courts and it may be advisable to obtain legal advice regarding your specific situation.