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What happens when a retail or commercial tenant breaches a lease in Victoria?

Property Law: 13 October 2026

Author: Kara Inglese

Retail and commercial leases are legally binding agreements for exclusive use by a tenant of retail or commercial premises, setting out the rights and obligations of landlords, tenants and often, guarantors. Serious consequences my apply if a tenant breaches provisions of a retail or commercial lease, including facing financial penalties, lease termination, recovery proceedings against both the tenant and guarantor or legal disputes.

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De-Suiting the Law – Podcast Episodes

Family Law,Litigation,Property Law: 02 October 2026

Author: Susan Ilias, Bao Ngo

De-Suiting the Law is a video podcast hosted by Aitken Partners Principal Lawyers Susan Ilias and Bao Ngo. The series sets out to demystify the legal profession, with real conversations about what lawyers actually do, and why it matters.

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Building Without a Safety Net: Quantum Meruit Cannot Rescue a Defaulting Builder

Property Law,Litigation: 18 August 2026

Author: Caroline Skeoch, Kaylee Smith

When a building project unravels, it is often assumed that a builder can simply fall back on a quantum meruit claim and recover the value of the work performed. (The Latin term quantum meruit means "as much as is deserved" or "what the work is worth). For many years, this was viewed as a practical safety net where contractual rights had become uncertain or unavailable. Recent Victorian authorities, however, demonstrate that this assumption can be dangerous.

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Victorian Government To Overhaul The VBA

Property Law: 24 March 2025

Author: Victoria Agahi

Big changes are coming to Victoria’s domestic building industry. The state government is laying the groundwork for a stronger, more efficient regulator that prioritises homeowners, streamlines processes and ensures better oversight.

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State Taxation Further Amendment Act 2024

Property Law: 23 January 2025

On 3 December 2024 the State Revenue Office announced a number of changes to Victoria’s taxation laws to come into effect from now until 1 July 2025. This article provides a summary of those amendments relating to land tax and stamp duty.

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Assignment of Commercial Lease

Property Law: 03 April 2024

A tenant may wish to assign their lease in certain circumstances, for example if they sell their business, or if the premises’ is no longer suitable.

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Making Good Provisions – Commercial Leases

Property Law: 21 March 2024

Make good clauses dictate how the tenant should vacate the property once the lease comes to an end, imposing a legal obligation to restore the premises to its original condition before the commencement of the lease.

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Heads of Agreement – Commercial Leasing

Property Law: 14 March 2024

The first step to securing a non-retail commercial lease is often execution of a ‘Heads of Agreement’. This is a document signed by both tenant and landlord in anticipation of executing a formal lease, used during the negotiation stage of leasing wherein both parties recognised the key terms of the lease (such as the lease term, financial provisions and details of the premises).

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Retail v Commercial Leases

Property Law: 12 March 2024

The classification of a lease is an important exercise for both landlord and tenant alike. If the lease is classified as ‘retail’, a tenant is afforded more protection under the Retail Leases Act 2003, which are normally unavailable to commercial lease tenants.

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