Victoria Commercial Required Disclosures: Landlord Obligations

Victoria imposes extensive disclosure obligations on commercial landlords, particularly for retail premises under the Retail Leases Act 2003. Failure to provide required disclosures can result in penalties, extended lease terms, and remedies for tenants.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed legal practitioner in Victoria for guidance specific to your situation. Information last verified: March 2026.

Retail Lease Disclosures

The Retail Leases Act 2003 mandates comprehensive pre-lease disclosures:

Disclosure Statement (Pre-Lease)

Landlords must provide a disclosure statement to a prospective tenant at least 14 days before entering into a lease. This statement must include:

Proposed Lease Copy

A copy of the proposed lease in writing must be provided as soon as negotiations commence. This allows the tenant to review the full terms before committing.

Penalties for Non-Disclosure

If a landlord fails to provide a correct disclosure statement within the required timeframe:

• The tenant may terminate the lease within certain timeframes
• The landlord may face penalties
• VCAT may make orders in favour of the tenant

Outgoings Disclosures

The Retail Leases Act has specific requirements for outgoings transparency:

Pre-Lease Estimate

Before the lease begins, the landlord must provide a written estimate of outgoings for the first year of the lease.

Annual Estimates

At least one month before the start of each accounting period, the landlord must provide the tenant with an updated written estimate of outgoings.

Annual Statement

Within three months after the end of each accounting period, the landlord must provide an annual expenditure statement detailing:

• All outgoings charged to the tenant
• Actual amounts spent
• Reconciliation against estimates

Land Tax Exclusion

Landlords cannot pass on land tax costs to retail tenants in Victoria. This is a prohibited outgoing under the Retail Leases Act.

Lease Renewal Disclosures

Under Section 28 of the Retail Leases Act:

• The landlord must provide written notice to the tenant between 3 and 6 months before the current lease term expires
• The notice must state:
  • The last date the tenant can exercise their renewal option
  • The rent payable for the first 12 months of the renewed term
  • Whether an early rent review is available
• If the landlord fails to provide this notice, the lease is automatically extended for 3 months from the date the notice is eventually given

Non-Retail Commercial Disclosures

Non-retail commercial properties have fewer statutory disclosure requirements:

While these disclosures are not always mandated by specific statute for non-retail premises, failure to disclose material information can expose landlords to claims of misleading and deceptive conduct under Australian Consumer Law.

Best Practices for Commercial Landlords

1. Prepare disclosure statements early — Allow well more than 14 days before the proposed lease start
2. Be comprehensive — Include all required information; incomplete disclosures create risk
3. Provide outgoings transparency — Detailed estimates and annual statements build tenant trust
4. Track renewal notification dates — Missing the 3-6 month window has consequences
5. Keep copies of all disclosures — Signed acknowledgments are essential evidence
6. Update for changes — Notify tenants of material changes during the lease term
7. Consult a property lawyer — Ensure disclosure documents are compliant and complete

How Landager Helps

Landager tracks disclosure statement deadlines, outgoings estimate timelines, renewal notification windows, and stores all disclosure documentation — ensuring your commercial properties meet every Victorian obligation.

Back to Victoria Commercial Property Laws Overview.