In brief

Leases precluded from the application of the Retail Leases Act 2003 (Act) because they commenced prior to 1 May 2003 (being the introduction of the Act) may fall within the scope of the Act if renewed. As such, obligations including the determination of a market rent and others under the Act may apply.

What you need to know

You need to consider if the Act will apply to the determination of the rent, or in managing the property, where the lease has been renewed but the original lease commenced pre-1 May 2003.


As you may recall from a previous update, a renewal of the lease creates a new lease as a matter of law and for the purposes of the Act.

Where conducting a rent review, or managing a property, you may think that because the initial lease predated 1 May 2003, that the Act does not apply. However, consideration needs to be given as to whether the Act will apply where a lease has been renewed and the renewal has occurred post 1 May 2003.

If the lease would be governed by the Act, had the original lease been entered into post 1 May 2003, then the renewal of that lease will be governed by the Act.


When carrying out rent reviews, or in managing a property, careful consideration should always be given as to whether the Act applies.

About the Author

Rohan Ingleton

A telecommunications and retail leasing expert, Rohan is a property specialist with an enviable reputation.

Related News

Applying the ultimate consumer test – When is a lease for services a retail premise lease?

CB Cold Storage further clarified the requirements to determine whether a lease for services is a retail premise lease and confirmed the ultimate consumer test as one of the key indicators when considering whether the services offered are retail in...
18 April, 2018

Valuer and Retail Leases Update – Can you make a lease a retail lease?

Whether or not a lease is governed by the Retail Leases Act 2003 (Vic) is a matter of law and landlords and tenants cannot make (or not make) a lease retail simply by agreement.
29 April, 2019