VIC Retail Lease or Commercial Lease?

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18 February 2019
I opened a shop several years ago under a Commercial Lease. I have read that the provisions of the Retail Leases Act 2003 apply to retail shops regardless of the lease actually signed, can anyone confirm this?

“The Retail Leases Act 2003 applies to a retail premises lease used wholly or predominantly for the sale or hire of goods by retail or the retail provision of services.”

We have a problem with the toilet leaking sewage, possibly a cracked pipe in the ground, I requested the agent look in to it but they said its part of outgoings (I pay). The lease does indeed say I am responsible for maintenance costs of services, however the Retail Leases Act 2003 says landlords are responsible for services.

Our shop is a retail store on a busy road.

Any help would be great,

Thank you.


4 June 2019
I found the answer to this question, so I'm posting it in case any one else is wondering the same thing in the future:

"Generally, if property being leased has a shop front, is in a shopping centre and/ or is used for primarily selling retail goods and services to the public, then it will be considered a retail lease."

From here: Retail Leases | Free Legal Information | LegalVision

The exceptions to this are very clear, Retail Lease Act 2003 doesnt apply if your business/lease is one of:

  • a storage, manufacturing or wholesaling businesses;
  • a listed corporation or subsidiary of a corporation; or
  • under a lease term of less than a year.