Leases & Lease Transfers

At Cyngler Kaye Levy we act for Landlords (Lessors) & Tenants (Lessees) under Victorian State Law.

Our Accredited Specialist can advise you on all aspects of Tenancy law and draw up the necessary Lease and Disclosure Statement.

The Retail Leases Act 2003 and the Retail Leases Amendment Act 2005 have had a significant impact on tenancy law. As a consequence many of the terms of a standard lease have changed over the years.

It is important to understand the meaning of:-

• Minimum 5-year lease rule (which includes option periods)
• Landlord & tenant rights to terminate a lease
• Obligations on landlords regarding structural repairs
• Disclosure statement (updated 1 January 2011)
• Injunctive relief and matters to be referred to mediation
• Unconscionable conduct provisions
• Many new provisions regarding failures to comply
• Controls for security deposits
• Requirements for land tax

Click here if you would like a checklist of things to consider when entering into a retail lease or commercial lease as a Landlord (Lessor) or Tenant (Lessee).

Checklist for Landlords

 Checklist for Tenants

As there have been many changes in the Act and Regulations in the last few years, relying on an old lease may expose you to risk and may allow a Landlord (Lessor) or Tenant (Lessee) to avoid certain obligations now covered in the new Act.

If you are approaching the end of your lease and are considering exercising your option and reviewing your rent with your Tenant or Landlord, please see our section on Lease Options and Reviews.

Jack Cyngler is an Accredited Specialist in Commercial Tenancy Law (Retail & Commercial Leases) with the Law Institute of Victoria. He is as a Member of the Commercial Leases Committee at the Law Institute of Victoria, which is a group of specialist practitioners who consults in this area of practice to make submissions to Government on changes to Tenancy law.

Jack Cyngler was a presenter at the 2010 LexisNexis Annual Conference for Retail & Commercial Leases.

If you need expert legal advice regarding your rights and obligations under Tenancy (Lease) law, please do not hesitate to contact Jack Cyngler on +61 3 9523 8811, request a cost estimate or email an enquiry.