Commercial Leasing Lawyers
Frankston & Mornington Peninsula
Lease Lawyers in Frankston
Professional Edge Lawyers acts for landlords and tenants across the full life of a commercial or retail lease. That includes preparing and reviewing the lease, negotiating terms before signing, dealing with rent reviews and outgoings, documenting assignments, transfers and variations, and resolving disputes at VCAT or in the courts.
Most retail leases in Victoria are governed by the Retail Leases Act 2003 (Vic), which imposes disclosure obligations on landlords, restricts what outgoings can be recovered, and gives tenants rights that cannot be contracted out of. Whether a lease falls under the Act is not always obvious, and getting that question wrong changes the position of both parties.
We are based at 435 Nepean Highway, Frankston, and act for clients across Frankston, the Mornington Peninsula and Melbourne’s south-east.
Discuss Your Lease
Before you sign, not after.
1800 776 529
435 Nepean Highway, Frankston
How We Can Assist You
Acting for Landlords
We draft retail and commercial leases that comply with the Retail Leases Act 2003 (Vic), covering rent review provisions, permitted use clauses, make-good obligations, and option terms.
We prepare the landlord’s disclosure statement required under the Retail Leases Act before entering into a new retail lease or renewing an existing one. A late or defective disclosure statement can give the tenant a right to withhold rent or terminate, so the timing matters as much as the content.
We issue breach notices, negotiate remedies, and commence proceedings at VCAT or in the courts where a tenant has breached the lease, including recovery of unpaid rent and outgoings.
We advise on tenant requests to assign the lease or sublet the premises, and prepare the necessary consent documentation and deeds of assignment.
We advise on which outgoings are recoverable under the Act, prepare outgoings estimates and annual reconciliations, and act where a tenant disputes the amounts claimed.
Acting for Tenants
We review proposed lease terms before you sign, identify unfavourable clauses, and negotiate amendments to rent, outgoings, make-good, and option provisions. This is the cheapest point at which to fix a lease problem.
We prepare the tenant’s disclosure statement required under the Retail Leases Act 2003 (Vic) and advise on pre-lease obligations.
We advise on market rent reviews, CPI reviews, and fixed percentage increases, and represent tenants in disputes over the determination of current market rent.
We advise on your make-good obligations at lease expiry, negotiate the scope of required works, and dispute unreasonable make-good claims by landlords.
Options to renew usually must be exercised within a defined window and in a defined form. We advise on the notice requirements and act where a landlord disputes that an option was validly exercised.
Changing or Ending a Lease
Variation of Lease
Where the parties agree to change the rent, the term, the permitted use, or the area of the premises, the change should be documented by a deed of variation rather than an exchange of emails. We prepare deeds of variation and advise on whether a proposed change triggers fresh disclosure obligations or affects an existing option or guarantee.
Assignment & Transfer of Lease
Assignment usually arises on the sale of a business. We act on both sides, prepare the deed of assignment and landlord’s consent, advise on the disclosure required when a retail lease is assigned, and address whether the outgoing tenant and its guarantors are released or remain liable.
Surrender of Lease
A surrender ends the lease before the term expires, by agreement. We prepare deeds of surrender, negotiate the terms on which a tenant exits early, including any surrender payment and make-good, and advise on the release of bank guarantees and security deposits.
Commercial Lease Disputes
We represent landlords and tenants in retail and commercial lease disputes, pursuing resolution through negotiation, mediation, VCAT, or court proceedings.
Breach and termination – the service of breach notices, the right to re-enter premises, the validity of a termination, and proceedings arising from disputed terminations.
VCAT proceedings – claims for compensation, injunctions and declarations under the Retail Leases Act 2003 (Vic), where the Tribunal has exclusive jurisdiction over most retail lease disputes.
Outgoings and rent disputes – recovery of outgoings, the accuracy of estimates and reconciliations, and the calculation of rent under review mechanisms.
Frequently Asked Questions
The Retail Leases Act 2003 (Vic) generally applies to premises used wholly or predominantly for the retail provision of goods or services, subject to a number of exclusions. Whether it applies is a question of fact and law, and it can change during the term. It matters, because the Act overrides inconsistent lease terms. We advise on the question before you sign.
Yes. Once a lease is signed, your position is largely fixed for the term. A review before signing identifies the clauses that cause most disputes later, being rent review mechanisms, outgoings definitions, make-good obligations, permitted use restrictions, and the conditions attached to any option to renew.
A make-good clause requires the tenant to return the premises to a defined condition at the end of the lease. The scope varies widely between leases, and the cost can be substantial. We advise on what a clause actually requires, negotiate the scope of works, and act where a landlord’s claim goes beyond the lease.
Most disputes under the Retail Leases Act 2003 (Vic) are heard at the Victorian Civil and Administrative Tribunal, which has exclusive jurisdiction over many retail tenancy claims. The Small Business Commission mediation process usually comes first. Non-retail commercial lease disputes are generally heard in the courts.
Not unilaterally, unless the lease gives you that right. The usual routes are a negotiated surrender, or an assignment of the lease to an incoming tenant, often on the sale of the business. Both require the landlord’s involvement. We advise on which is realistic in your circumstances and negotiate the terms.
Fees depend on the length and complexity of the lease and whether negotiation with the other side is required. We provide a fee estimate before starting work. Contact us on 1800 776 529 to discuss.
Areas We Serve
Frankston, Frankston South, Seaford, Carrum Downs, Langwarrin, Mount Eliza, Mornington, Mount Martha, Somerville, Hastings, Rosebud, Dromana, Cranbourne, Berwick, Narre Warren, Dandenong, and across Melbourne’s south-east.