FAQ Commercial Real Estate Tenants
When should I pay the rent on my commercial property?
This is determined by the terms and conditions of the Lease, but they are always payable in advance.
How can I pay rent?
We use a DEFT payment system that allows you to pay by direct debit, credit card, or BPAY.
Do I as a tenant have to pay all of the owner’s outgoings?
Generally speaking, a tenant does have to reimburse the costs of all of the landlord’s outgoings unless the lease states otherwise. Land tax cannot be charged to a tenant if it is a retail lease or if the Lease determines otherwise.
Where can I find information on the lease renewal date?
This will be listed in the Schedule of the Commercial Lease
Where can I find information on the market review date?
This will be listed in the Schedule of the Commercial Lease
What are commercial tenants responsible for in Victoria?
The specific responsibilities of commercial tenants in Victoria can vary and are usually outlined in the lease agreement. Typically, tenants are responsible for paying rent, utility charges, and a share of outgoings. Maintenance responsibilities may also be specified in the lease, covering aspects like internal repairs and general upkeep.
What are outgoings?
Outgoings refer to the operational costs of maintaining and running a commercial property. These include property management fees, insurance, maintenance, council rates, and other shared expenses. In many leases, tenants are required to contribute to these outgoings in addition to their rent.
Who do I contact if my property requires maintenance?
The appropriate contact for property maintenance is typically outlined in the lease agreement. In many cases, tenants would contact the property manager or landlord for non-urgent maintenance issues. For urgent matters, such as emergencies or safety concerns, immediate contact is advisable.
Does VCAT deal with commercial leases?
Yes, the Victorian Civil and Administrative Tribunal (VCAT) does deal with some commercial lease disputes. However, VCAT's jurisdiction may be limited depending on the nature of the dispute and the lease terms. Legal advice is recommended for a comprehensive understanding of dispute resolution options.
What is the minimum term for a commercial lease in Victoria?
If the Retail Leases Act does not apply, there is no strict minimum term for a commercial lease in Victoria. Lease terms are generally negotiable between the landlord and the tenant. However, if the Act does apply, offering the tenant a five-year term is required. This can be waived if the tenant wishes to waive its right to a five-year term by applying to the Small Business Commissioner for a five-year waiver certificate.
What is the cooling-off period for a commercial lease in Victoria?
Unlike residential property transactions, commercial leases typically do not have a statutory cooling-off period in Victoria. It is legally binding once both parties have agreed to the terms and signed the lease. It's crucial for all parties to thoroughly review and negotiate terms before finalizing the lease agreement.
What happens after the commercial lease is agreed and signed by both parties?
Once both parties agree upon and sign the commercial lease, it becomes a legally binding document. The terms and conditions outlined in the lease, including rent, lease term, responsibilities of both the landlord and tenant and any other agreed-upon provisions, take effect. Typically, the tenant gains access to the property based on the agreed-upon commencement date, and rent payments commence according to the terms specified in the lease. Both parties are expected to fulfil their respective obligations throughout the lease term.
Does VCAT deal with commercial leases?
Yes, the Victorian Civil and Administrative Tribunal (VCAT) does deal with some commercial lease disputes in Victoria. If a dispute arises between the landlord and tenant, such as issues related to rent, repairs, or other lease terms, either party may apply to VCAT for resolution. However, it's important to note that VCAT's jurisdiction over commercial leases may be limited, and the specific nature of the dispute and terms outlined in the lease agreement will determine whether VCAT can address the matter. Legal advice is often sought for guidance on dispute resolution options, and parties may also explore alternative dispute resolution methods before resorting to formal VCAT proceedings.
Have you got any more questions? Please feel free to send us an email or call 03 9318 2233
to discuss your Victorian commercial real estate rights and responsibilities.
