Do I need to register my commercial or retail lease in Victoria?
Some state laws require you to register the lease as a matter of course. Other states generally don’t require leases to be registered, or leave it up to you as to whether you wish to do so or not. The information below outlines the rules for Victoria.
If I decide to register my lease, what do I need to do?
You will need to lodge your Lease Agreement with the Land Titles Office in your State or Territory (the name of the office dealing with Land Titles will vary from state to state).
In most states, the Land Titles Office supplies a one or two page Form of Lease that is required to be lodged for registration. This Form is available as a free download from the Land Titles Office in each State or Territory.
The actual terms and conditions of the Lease, usually contained in the Lease Agreement itself, are then attached to the Land Titles Office form as an attachment or annexure. The Form, the Lease Agreement attachment, Certificate of Title and the set fee will need to be lodged with the Land Titles Office for registration. If all is in order, the Lease is recorded on the Certificate of Title for the property.
Do I need to register my Lease in VIC?
There is no longer a requirement for landlords to notify the Small Business Commissioner of a retail shop Lease.
Registering a Lease on the Certificate of Title with the Department of Lands is optional. There is no obligation to register a Lease in Victoria because a tenant’s interest in the land is protected by s. 42(2)(e) Transfer of Land Act 1958 in the event the property is sold.
What do I need to do to register my commercial lease in Victoria?
You will need to complete and sign the Approved Form L.
This form needs to be lodged at the Victorian Department of Lands, together with the fully signed Lease Agreement as an annexure to the Approved Form L, the Certificate of Title, and the lodgement fee. A plan will also need to be lodged where only a part of the property is being leased, and not the whole of the lot.
What do I do now?
All of the necessary information and documents are contained in the Commercial Lease Agreement Template Victoria Kit – the Kit provides you with all the resources you need to create and register your own lease.
In certain states of Australia, it is a legal requirement for a commercial lease to be registered if the term exceeds 3 years (including the option periods). This article includes links to state specific information for registering your lease.
There are a variety of circumstances that might lead your tenant to ask for an assignment of the lease or to sublet the leased premises. This article outlines the steps a Landlord of a commercial property should take if your tenant asks this question.