Checklist · Commercial Property & Leasing
Checklist: are these Victorian premises a retail premises lease?
Working checklist for whether premises in Victoria are retail premises under section 4 of the Retail Leases Act 2003, and whether sections 11 and 12 bring the Act in.
- Kind
- Checklist. Steps or checks to work through and tick off.
- 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 3 authorities it cites, for Victoria.
- Version
- 1
- Source
- Written for this library
When to use it
Use before a disclosure statement, an outgoings demand or a renewal notice, when the question is whether the Retail Leases Act 2003 (Vic) applies. The principal decides. This checklist does not decide it.
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 permitted use, the tenant entity and the rent figures from the lease into the table. The principal decides whether the Act applies.
AI may
- Copy the use clause, the tenant's name and the rent and outgoings estimate from the documents the principal marks
- Leave the conclusion column blank
AI must not
- Must not state that the premises are or are not retail premises
- Must not insert a dollar threshold for occupancy costs
- Must not treat a Ministerial determination as applying unless the principal supplies the determination
The lawyer checks
- The permitted use is read from the lease, not from how the tenant happens to trade
- Occupancy costs are worked out as section 4(3) states them, against the amount currently prescribed for section 4(2)(a)
- Section 11 is applied at the time the lease is entered into or renewed, and section 12 is checked where the term is under one year
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- 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.
More in Commercial Property & Leasing
- Retail lease disclosure statements: NSW lessor's and lessee's statement (official form), with Victorian and Queensland notes
- Retail lease assignment (NSW): request for consent, assignor's protection steps and deed of assignment with lessor's consent
- Commercial lease letter of intent (United States)
- Commercial lease review checklist
- Heads of agreement for a commercial or retail lease (non-binding, subject to formal lease)
- Notice exercising an option to renew a lease, with the exercise-window checklist and NSW option protections
- Commercial lease key-terms sheet (United States)
- Request for a lease estoppel certificate
- Notice before re-entry or forfeiture of a Victorian lease
- Deed of surrender of lease, with mutual release, make-good settlement and registration steps (NSW)
- Notice to remedy breach of lease before re-entry (Conveyancing Act 1919 (NSW) s 129 notice)
- Letter on allocation of public-accommodation duties
- Premises use and access questions (United States)
- Request for consent to assign a Victorian retail premises lease
- End-of-lease make-good: checklist, schedule of works, settlement letter and return of security (NSW notes)
- Letter of advice to a tenant on a proposed commercial or retail lease (NSW)
- Surrender and restoration terms (United States)
- Victorian retail lease estimate and statement of outgoings
- Verification checklist for AI-generated lease abstracts and critical-date reports
- Landlord's notice of intentions about renewal of a Victorian retail lease
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All precedents for Commercial Property & Leasing · Tasks and AI use in this area