---
title: "Notice before re-entry or forfeiture of a Victorian lease"
url: "https://ailawframework.com/precedents/commercial-property-and-leasing/vic-notice-before-re-entry"
type: "precedent"
site: "AI Law Framework"
id: "a10-vic-notice-before-re-entry"
area_id: "A10"
kind: "notice"
ai_level: "yellow"
version: 1
task_ids: ["A10-T1-R8"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/commercial-property-and-leasing/vic-notice-before-re-entry  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Commercial Property & Leasing](https://ailawframework.com/precedents/commercial-property-and-leasing.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Victoria.

## 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

- [Draft breach, rent-arrears or termination notices](https://ailawframework.com/practice/commercial-property-and-leasing/draft-breach-rent-arrears-or-termination-notices.md)

## 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

## Authorities

- [Property Law Act 1958 (Vic) s 146(1), (1A) and (8): notice before a right of re-entry or forfeiture is enforceable, and the exceptions in the section](https://classic.austlii.edu.au/au/legis/vic/consol_act/pla1958179/s146.html)
- [Retail Leases Act 2003 (Vic) s 94A: section 146 of the Property Law Act 1958 applies to a retail premises lease](https://classic.austlii.edu.au/au/legis/vic/consol_act/rla2003135/s94a.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-property-and-leasing/vic-notice-before-re-entry and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*