Notice · Commercial Property & Leasing
Notice before re-entry or forfeiture of a Victorian lease
Notice under section 146 of the Property Law Act 1958 (Vic) specifying the breach, requiring a remedy where the breach can be remedied, and requiring compensation, before a right of re-entry is enforced.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- Victoria
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Victoria.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a Victorian landlord proposes to enforce a right of re-entry or forfeiture for breach of a covenant or condition, including a breach amounting to repudiation. Section 94A of the Retail Leases Act 2003 confirms that section 146 applies to a retail premises lease.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may copy the parties, the lease date and a breach the principal has already described into the notice. The principal decides whether section 146 applies and what the notice must require.
AI may
- Insert the names, the premises and the lease date from the file
- Place the principal's description of the breach into the specification, without adding to it
AI must not
- Must not decide that a breach is or is not capable of remedy
- Must not set the compensation or the time allowed
- Must not say that 14 days is always enough, or that rent is outside the section
The lawyer checks
- The breach is a breach of a covenant or condition, and none of the exceptions that were read in section 146 takes it outside the section
- The time allowed is a reasonable time, or the time fixed by the lease if that time is not less than 14 days
- The notice is served as the lease and section 146 require, and re-entry is not taken before the time in the notice has passed
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Commercial Property & Leasing · Tasks and AI use in this area