A telecommunications, retail and commercial leasing expert, Rohan is a property specialist with an enviable reputation. He is an integral advisor to his many clients and uses his unparalleled industry knowledge to provide pragmatic legal advice that is focused on a commercial outcome.

In addition to specialisations within the retail leasing, commercial leasing and telecommunications leasing space, Rohan is an expert in the valuation industry and is highly sought after by industry professionals. Rohan possesses a deep understanding and expertise of the valuation and retail industry and is regularly called upon to assist with specialist knowledge for market rent reviews.

Rohan is also highly experienced in managing high volume leasing portfolios on a national scale and has led his team in advising a major telecommunications carrier on the leasing and licensing of more than 5,000 sites throughout Australia.

Rohan has over 25 years’ of experience advising major corporations, government bodies, developers, vendors and purchasers, as well as landlords on a broad range of property law issues. He also acts for developers and investors on the acquisition and sale of commercial properties, as well as a number of CBD and CBD fringe properties.

Rohan is a fellow of the Australian Property Institute and is responsible for the legal training of valuers to be obtain accreditation under the Retail Leases Act 2003 and sits with the Victorian Small Business Commissioner to examine and award accreditation to valuers.

Rohan is often appointed as an expert to determine legal questions under dispute and gives expert opinions on retail leasing matters.

Rohan regularly releases his popular Valuer and Retail Leases Updates. You can subscribe to receive the updates here.

Key Matters

  • Acting on the national portfolio for a telecommunications carrier across various states and projects.
  • Exclusively manages a number of portfolios on behalf of retail landlords in relation to shopping centres as well as retail and commercial buildings in the Melbourne CBD, inner Melbourne suburbs and south-eastern fringe.
  • Acted for an unlisted fund in relation to national leasing arrangements with government entities.
  • Acted on behalf of the purchaser of a central Melbourne property ($157 million).
  • Advised a client on the sale of a central Melbourne property ($80 million).
  • Acted on behalf of an unlisted fund in relation to the sale of a property asset ($9 million).
  • Prepared ancillary agreements with respect to car parking licences and default notices and exercising landlords' rights of re-entry on a high-rise office tower on the fringe of Melbourne's CBD.
  • Advised on mixed retail and commercial leasing for a building in Melbourne CBD.
  • Advises on leasing new commercial offices prior to sale as part of development offering for various clients, mostly in the outer Melbourne suburbs.
  • Acts for a number of private corporations and advises both landlords and tenant on rights under the Retail Leases Act 2003.
  • Acts for clients involved in complex leasing and property disputes.
  • Advises in mediations at the Victorian Small Business Commission.
  • Advises landlords, tenants and property valuers on market rent reviews and valuations.
  • Acting for landlords and tenants in relation to COVID-19 affected leases.
  • Assisting a luxury retailer in relation to its leases across various states affected by the COVID-19 pandemic.

Areas of Expertise

Key focus areas:

  • Retail, Commercial & Industrial Leasing
  • Telecommunications Leasing Advice
  • Leasing of telecommunication sites in Australia for the Vodafone mobile network
  • Agreements, Buying & Selling
  • Due diligence on purchasers of office buildings in Melbourne CBD and surrounds
  • Retail tenancy disputes and mediations

Recent Articles by Rohan Ingleton

Valuer and Retail Leases Update – COVID-19 Leasing Regulations Update

The COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (the Regulations) have been in force for a week now. One question that is arising from landlords and tenants, is what information a tenant should provide to a landlord...
8 May, 2020

Attention Landlords and Tenants – a Q&A about COVID-19

With the COVID-19 pandemic and its effects (at a global, national and local level) rapidly changing on a daily basis, we have been inundated by landlords, tenant and agents asking how COVID-19 will affect them, specifically their businesses and leasing...
25 March, 2020

Valuer and Retail Leases Update – COVID-19 and tenants

In brief The economy has been dramatically affected by COVID-19 and it is likely we will continue to suffer from the financial effects for months to come. I have had numerous calls from tenants asking what will happen to their...
23 March, 2020

Valuer and Retail Leases Update – Outgoings estimate confirmed

In brief You may recall that in last September, I referred to the VCAT decision in Verraty Pty Ltd v Richmond Football Club Ltd. In that decision, it was determined that if a landlord does not provide a tenant with...
10 March, 2020

Valuer and Retail Leases Update – New changes proposed to the Act

In brief The Retail Leases Amendment Bill 2019 was introduced into the lower house late last year. There are proposed changes to the Act, which I will summarise below. What you need to know Property managers will need to be...
3 February, 2020

Valuer and Retail Leases Update – Leases can no longer fall out of the operation of the Act

In brief You may recall in an update last year, I referred to a VCAT decision, which determined that a lease could cease to be governed by the Act during the term where occupancy costs (being rent and outgoings payable...
12 January, 2020

Valuer and Retail Leases Update – 2019 Final Wrap

A summary of the 2019 developments is as follows: January update: A landlord will be liable for air-conditioning if the lease specifies that air-conditioning is included in the premises. This means that a valuer will determine a rent based on...
16 December, 2019

Valuer and Retail Leases Update – Farm leases excluded from the Act

In brief A  Determination has been made so that farm leases will be excluded from the operation of the Retail Leases Act 2003 (Vic) from 29 October 2019. What you need to know Where you are advising a landlord, if the...
6 November, 2019

Valuer and Retail Leases Update – Outgoings estimate

In brief In the August edition, I mentioned that property managers must give an estimate of outgoings to tenants where the lease is governed by the Retail Leases Act 2003 (Vic) (Act). This has now been confirmed in the July decision of Verraty Pty...
23 September, 2019

Valuer and Retail Leases Update – Non-recovery of outgoings if estimate not given

A recent VCAT decision has determined that landlords cannot recover outgoings from a tenant if an estimate of outgoings is not provided in accordance with section 46 of the Retail Leases Act 2003 (Vic).
1 August, 2019

Valuer and Retail Leases Update – Quarries now retail leases

A recent VCAT decision has determined that a quarry was governed by the Retail Leases Act 2003 (Vic).
19 July, 2019

Valuer and Retail Leases Update – Relief against forfeiture

If a landlord has correctly terminated a lease, the tenant usually has the right to have the lease reinstated if the tenant remedies the breach of the lease that led to the termination.
14 June, 2019

Madgwicks Property Insights Newsletter: May 2019

Welcome to the May edition of Property Insights! Presented by the Madgwicks Property team, this newsletter is full of recent developments in the property industry, case studies and industry news.
23 May, 2019

Valuer and Retail Leases Update – Landlords to carefully consider what is included in a lease as a landlord installation

Under a retail lease, landlords need to take careful consideration of what is included as a landlord installation with a recent case finding a landlord was required to undertake repair and maintenance of items that it leases to a tenant.
10 May, 2019

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

Valuer and Retail Leases Update – Sub-letting and consent

Partner Rohan Ingleton explores whether landlords can withhold consent to a proposed sublease.
28 March, 2019

Valuer and Retail Leases Update – Provision of services now governed by the Retail Leases Act

In brief In the decision of CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2017,], the Supreme Court last week has effectively determined that a lease that provides for the provision of services will be governed by the...
13 February, 2019

Valuer and Retail Leases Update – Premises deemed not to be retail premises

A recent VCAT decision considers whether a premises used by an online business primarily for production, packaging and storage of health supplements could be a retail premises.
4 February, 2019

Valuer and Retail Leases Update – Failure by landlord to repair air-conditioning deemed to be a breach of the lease

If a lease provides that the premises are air-conditioned, then the landlord has an obligation to provide air-conditioning to the tenant.
9 January, 2019

Valuer and Retail Leases Update – Landlord responsible for a leaking roof

A recent decision makes it clear that a leaking roof in a building is likely to be a landlord's responsibility to fix.
12 December, 2018

Valuer and Retail Leases Update – Failure by landlord to repair air-conditioning allows tenant to terminate lease

VCAT rules landlord’s procrastination or non-performance to remedy air-conditioning was grounds for termination of lease.
21 November, 2018

Valuer and Retail Leases Update – Another valuation set aside

Partner Rohan Ingleton unpacks a recent decision setting aside another valuation.
2 October, 2018

Valuer and Retail Leases Update – A refresher on seven steps to follow to avoid having your valuation set aside

Partner Rohan Ingleton provides some updated steps to follow to avoid your valuation being set aside.
3 September, 2018

Valuer and Retail Leases Update – Difficult to refuse consent to assignment of lease

Partner Rohan Ingleton looks at a recent VCAT case and the implication for landlords when determining whether to withhold consent to an assignment of the lease.
2 August, 2018

Valuer and Retail Leases Update – Another valuation set aside

A lack of properly articulated reasons is the most common ground to attack a market rent valuation.
4 June, 2018

Valuer and Retail Leases Update – Supplementary reports by valuers

Valuers need to exercise extreme caution in providing a follow-up or supplementary valuation at the request of the landlord or the tenant.
4 June, 2018

Valuer and Retail Leases Update – Refresher on when the Act applies to a renewal of a lease

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.
15 May, 2018

Valuer and Retail Leases Update – Late exit from the Act

Where the occupancy costs are close to the $1 million threshold, consideration will need to be given as to whether the Act applies, which could affect the valuation and any management responsibilities.
11 April, 2018

Valuer and Retail Leases Update – Can a variation of lease create a new lease?

If you are carrying a valuation, or advising on a lease that has been varied, it is important to get advice as to whether the variation of lease has created a new lease that may be subject to the Retail...
19 March, 2018

Valuer and Retail Leases Update – Act applies to leases with the rent under $1 million?

If you are carrying out a valuation, or managing a property, whether the rent is close to the $1 million threshold, advice should be obtained as to whether the lease is, or is not governed by the Act.
12 February, 2018

Valuer and Retail Leases Update – Another valuation set aside

Valuers must be careful in writing a valuation report and in corresponding with landlords and tenants in answering queries following the report.
15 January, 2018

Valuer and Retail Leases Update – 7 steps to follow to avoid having your valuation set aside

In brief In the last two years, there have been two reported cases where valuations were set aside by VCAT. Further, a number of disgruntled parties have initiated action to have valuations set aside, at least one of which has...
1 December, 2017

Valuer and Retail Leases Update – Lease to manufacturer deemed to be retail

In brief In the case of Access Solutions International Pty Ltd v Gamut Pty Ltd (Access Solutions),  County Court found that a lease that provided that the permitted use was the manufacture and sale of steel gates was retail, within the...
3 November, 2017

Valuer and Retail Leases Update – New guidelines issued by the Victorian Small Business Commission

In brief The Victorian Small Business Commission (VSBC) issued updated guidelines titled “Current Market Rent and Engaging Specialist Retail Valuers” (Guidelines). Whilst the VSBC updated the Guidelines just over a year ago, many of us were unaware of the update. What you...
1 November, 2017

Valuer and Retail Leases Update – Valuation set aside

In brief As discussed in a number of seminars I have given over the past two months, in June 2017 VCAT set aside the market rent valuation in Dalmatino v Creative Laser Pty Ltd [VCAT] 875 (Dalmatino). Essentially, VCAT set aside the market rent...
3 October, 2017

Valuer and Retail Leases Update – Do you know what to take into account when undertaking a market rent review?

In brief Valuers may not be aware of the fact that they need to strictly comply with the terms of the market rent review clause in the lease and, if applicable, the provisions of section 37 of the Retail Leases...
5 September, 2017

Valuer and Retail Leases Update – Supreme Court upholds CB Cold Storage decision

In brief As noted in my last Valuer Update, last month the Court of Appeal of the Supreme Court upheld the decision in IMCC Group v CB Cold Storage Pty Ltd. The effect of this decision is that a warehouse or...
10 August, 2017

Valuer and Retail Leases Update – A refresher on rent reviews and what to look out for

In brief Rent reviews are there to help ensure the rent being paid is consistent with market rates. However, how and when a rent review can take place may be subject to the Retail Leases Act 2003 (Vic) (the Act). The...
4 July, 2017

Valuer and Retail Leases Update – Are you aware of land tax implications relating to listed public company leases?

In brief Tenants and landlords of listed public companies may have land tax considerations that they need to consider when extending leases. If a lease governed by the Retail Leases Act 2003 (Vic) (Act) is assigned to a listed public...
1 June, 2017

Valuer and Retail Leases Update – Supplementary reports: What valuers need to know

In brief Attention valuers: supplementary reports are permissible, but stringent guidelines are now in place. If a valuer is of the view that its rent determination report is deficient or requires elaboration, a valuer can issue a supplementary report to...
3 May, 2017

Valuer and Retail Leases Update – Does a tenant need to provide turnover figures to a valuer?

In brief A tenant is not required to provide its turnover figures to a valuer, unless specifically stated in the lease agreement.  However, if a lease requires that a tenant provide such figures to a valuer, then the tenant should comply...
5 April, 2017

Valuer and Retail Leases Update – Can a market rent valuation take into account future events?

In brief In undertaking a market rent valuation, a valuer is permitted to take into account events (such as a major tunnel project), which the market understands may impact the rent being paid for leased premises. What you need to...
2 March, 2017

Valuer and Retail Leases Update – Are rents determined after the market review date relevant for a rent determination?

In brief Rents determined after the relevant market review date may be taken into account by valuers in determining a rent at a market review date. However, should a valuer’s rent be challenged, a Court must not have regard to...
1 February, 2017

Valuer and Retail Leases Update – Are all overseas listed companies excluded from the Retail Leases Act 2003 (Vic)

In brief As outlined in our recent Valuer Update, a recent Ministerial Determination stated that tenants that are foreign listed companies are outside the Retail Leases Act 2003 (Vic) (Act). However, for market rent reviews prior to 12 August 2016, you need...
22 January, 2017

Valuer and Retail Leases Update – Can you contract into the Retail Leases Act 2003?

In brief The Retail Leases Act 2003 (Vic) (Act) applies to a lease as a matter of law and cannot be made to apply to a lease, or excluded from a lease simply by stating this in a lease. What you need to know...
1 December, 2016

Valuer and Retail Leases Update – Ministerial Determination regarding overseas listed companies

In brief On 12 August 2016, a new Ministerial Determination declared that companies whose securities are listed on a stock exchange outside Australia, or the subsidiaries of such companies, are not covered by the Retail Leases Act 2003 (Vic) (Act). What you...
2 November, 2016

Valuer and Retail Leases Update – Determination excluding 15-year leases from Retail Leases Act upheld

In brief Leases granted at commercial rents can be excluded from the operation of the Retail Leases Act 2003 (Vic) (Act), if the lease complies with the Ministerial Determination dated 20 August 2004 (Determination). In order to comply, the lease must be for a...
5 October, 2016

Valuer and Retail Leases Update – Disciplinary Action by the Australian Property Institute

In brief A disgruntled landlord or tenant can report a valuer to the Australian Property Institute (API) to take disciplinary action against the valuer, if the valuer is believed to have engaged in professional misconduct. What you need to know Disciplinary action...
14 September, 2016

Valuer and Retail Leases Update – Must tenants provide turnover figures?

In brief A valuer may not be able to do a market rent review of licenced premises based on turnover figures, if none are provided. What you need to know We have not seen any lease of licenced premises that...
19 August, 2016

Valuers beware – invalid rental valuation upheld by Supreme Court

In brief A recent VCAT decision addresses the need for valuers to ensure that detailed reasons are given by a valuer in a market rent valuation, or the valuation can be set aside. What you need to know Section 37(6)...
14 July, 2016