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Commercial and Retail Lease Lawyer in Mount Waverley Melbourne
Summit Legal Services helps landlords and tenants review, negotiate and manage commercial and retail leases across Melbourne. Founder and Principal Solicitor Sumita Dass brings more than 20 years of commercial legal experience, including senior in-house roles across Australia and the Asia-Pacific region, so lease advice is considered from both a legal and business perspective.
If you are signing a new lease, renewing an existing one or negotiating terms, Sumita can help you understand the commitments before you agree to them. This includes rent reviews, outgoings, make-good obligations, personal guarantees, renewal options and other terms that can affect the cost and flexibility of your business for years.
- Retail Leases Act 2003 (Vic)
- Lease Review & Negotiation
- Mount Waverley & Melbourne-wide
- Landlord & Tenant Representation
What Is Commercial and Retail Lease Law?
Commercial and retail lease law covers the rights and obligations of landlords and tenants when leasing business premises. In Victoria, some retail premises are protected by the Retail Leases Act 2003, while other commercial leases are generally governed by the lease terms, contract law and property law.
We assist with the practical issues that arise before, during and at the end of a lease, including reviewing proposed terms, negotiating changes, dealing with renewals and resolving disputes. Principal Sumita Dass can also help identify provisions that may affect rent, outgoings, guarantees, make-good obligations and the future flexibility of your business.
What Does a Commercial and Retail Lease Lawyer Cover?
Commercial Lease Reviews
Reviewing lease terms before signing, including rent, outgoings, guarantees, options and other ongoing obligations.
Retail Lease Advice
Advice for landlords and tenants where the Retail Leases Act 2003 may apply, including disclosure requirements and statutory protections.
Lease Negotiations
Negotiating proposed lease terms so commercial risks and responsibilities are clearer before the agreement is finalised.
Lease Renewals and Options
Helping clients understand renewal rights, option deadlines and proposed changes before committing to another lease term.
Lease Disputes
Assistance with disagreements involving rent, repairs, outgoings, breaches, termination and other lease obligations.
Assignment and Transfer of Leases
Advice when a business is sold, relocated or transferred and the existing lease needs to be assigned to another party.
What's the Difference Between a Commercial Lease and a Retail Lease?
This distinction matters because it changes what protections apply.
Retail Lease
Covers premises where goods or services are sold or provided to the public (most shopfronts, cafes, and shopping centre tenancies). These leases fall under the Retail Leases Act 2003 (Vic), which sets minimum disclosure, rent review, and dispute resolution rules that can’t be contracted out of.
- Mandatory 14-day prior disclosure statement
- Landlord cannot pass on land tax to tenant
- Access to fast-track VSBC mediation
Commercial Lease
Covers premises such as offices, warehouses, and industrial sites that don’t fall under the Retail Leases Act. These leases are governed by general contract and property law, so the terms depend more heavily on what’s negotiated between the parties.
- Outgoings & land tax strictly defined by contract
- High flexibility on rent reviews and ratchet clauses
- Disputes rely on negotiated lease clauses or court litigation
Why Choose Summit Legal Services for Commercial and Retail Lease Advice?
At Summit Legal Services, commercial lease advice is approached as a business decision, not just a document review. Founder and Principal Solicitor Sumita Dass is dual-qualified in Australia and India and brings more than 20 years of experience in commercial law, corporate governance, compliance and regulatory matters. She has also held senior in-house legal leadership roles across Australia and the Asia-Pacific region.
TRANSPARENT PRICING
Upfront Fee Structure
Costs depend on the length and complexity of the lease. Speak to our team for an estimate before you commit to anything.
LONG-TERM TENANCY ADVISORY
Ongoing Leasehold Support
Once the lease is signed or the dispute is resolved, we’re available for ongoing advice through the life of the lease, including at rent review, renewal, or assignment.
Why Choose Summit Legal Services
Melbourne-based boutique legal practice headquartered in Mount Waverley. Principal Solicitor Sumita Dass brings over 20 years’ experience in commercial law, corporate governance, compliance, and regulatory matters.
“Sumita is an outstanding lawyer who provided exceptional support in setting up my business. She is highly knowledgeable in corporate law and guided me through the entire process with professionalism and clarity. Her firm also has excellent experience in fractional legal support, offering practical and strategic advice tailored to business needs.”
A.A. (Google Review)
- Verified Client
“Sumita Dass provided excellent legal service. She was professional, knowledgeable, prompt, and easy to deal with throughout the process. Her advice was clear and practical, and she was always responsive.”
D.S. (Google Review)
- Verified Client
Frequently Asked Questions
It depends on whether the premises are used to sell or provide goods or services to the public, not just on what the lease is called. If you’re not sure, it’s worth having the lease checked before you sign.
Under the Retail Leases Act 2003 (Vic), a landlord must give the tenant a disclosure statement and a copy of the proposed lease before the lease is entered into. If the disclosure statement is false, misleading, or incomplete, the tenant may have grounds to terminate.
Retail lease disputes in Victoria can go through the Victorian Small Business Commission’s (VSBC) dispute resolution and mediation service before court action. Commercial (non-retail) leases don’t have this same avenue and generally rely on the dispute process set out in the lease itself.
Under the Retail Leases Act, a landlord must return the security deposit within 30 days of the lease ending, provided the tenant has met their obligations under the lease.
Key areas include the rent review method, what outgoings you’re responsible for, make-good obligations at the end of the lease, and any options to renew and their notice periods.