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Transfer of a retail lease premises

On this page, current tenant obligations, requesting consent from the landlord, reasons a landlord can withhold consent, continuation and sale of existing businesses, more information.

When a lease is transferred from the previous tenant (the assignor) to a new tenant (the assignee), for example, when a business is sold, this is called a transfer or assignment of lease.

The procedure for transferring a lease is set out in the  Retail Leases Act 2003  (the Act) and is usually in the ‘assignment’ section of the lease.

All provisions in the lease, however, are subject to Part 7 of   the Act, which sets out the requirements for assigning a lease.

Before the current tenant seeks consent of the landlord to transfer the lease, they must:

  • give the proposed tenant a copy of the disclosure statement they received from the landlord when they entered into the lease
  • disclose any changes to the disclosure statement that they know of to the proposed tenants. Failure to do this is an offence

The current tenant’s request for a transfer of the lease must be in writing. It must also include information about the financial resources and business experience of the proposed tenant.

To request consent from a landlord to transfer the lease:

  • The current tenant asks the landlord to give the new tenant a new disclosure statement that is no more than three months old from the date of the request.
  • If the landlord receives this request, the landlord must provide the new disclosure statement within 14 days.
  • If the landlord fails to do so within 14 days of the request, the tenant is not required to provide the proposed tenant with a disclosure statement.

A landlord can withhold consent on the following grounds:

  • The proposed tenant wants to use the premises in a way that is not permitted under the lease. For example, the proposed tenant wishes to use the premises as a restaurant when the permitted use under the lease is a sports store.
  • The landlord considers the proposed tenant does not have sufficient financial resources or business experience to meet the obligations under the lease. For example, the proposed tenant is a first-time fashion retailer with no relevant experience who would be replacing a fashion retailer with more than 30 stores and many years of experience.
  • The tenant has not complied with the reasonable assignment provisions of the lease. For example, these may include any of the steps involved in the procedure for obtaining the landlord’s consent to assignment (transfer).
  • Where the assignment involves the sale of an ongoing business, the tenant has not provided the proposed tenant with business records for the past three years.

If the assignment involves the continuation of an existing business, there are different disclosure requirements:

  • The disclosure statement given to the proposed tenant is to be in the same form as prescribed by the Retail Leases Regulations 2023  (although the layout does not need to be the same).
  • A copy of the disclosure statement must also be given to the landlord.

The tenant (and any guarantors) will be released from any obligations under the lease and will not be obliged to pay the landlord any money in respect to amounts payable by the proposed tenant if:

  • the tenant has given the landlord and the proposed tenant a new disclosure statement
  • the disclosure statement does not contain any information that is false, misleading or materially incomplete

Where the assignment involves the sale of a business the tenant must also provide the proposed tenant with business records for the last three years.

Once the landlord has received the tenant’s request to transfer the lease they must give the tenant a timely response.

The landlord is considered to have agreed to the transfer if:

  • The tenant has complied with their obligations (i.e. put the request in writing, provided the requested documents to prove the proposed financial stability, and provided the proposed tenant (and the landlord, in the case of the sale of an ongoing business) with the relevant disclosure statement)
  • The landlord has not provided the tenant with a written notice that the landlord has consented or withheld its consent within 28 days of the tenant’s request

The situation: The current tenant, a private company, is selling its business on the condition that the lease is transferred to the purchaser upon settlement. The tenant’s company directors had personally guaranteed the tenant’s obligations under the existing lease.

As required under the Retail Leases Act 2003 , the current tenant provided a copy of the disclosure statement to the proposed tenant and the landlord, seeking the landlord’s consent to the transfer. In doing so, the tenant and its guarantors were released from any of the proposed tenant’s obligations under the lease.

The proposed tenant is also a private company, but its directors do not have the same assets behind them as the current tenant. As such, the landlord refuses to consent to the assignment on the basis that the proposed tenant does not have sufficient financial resources to meet the obligations of the lease.

The process: The dispute is referred to the VSBC for mediation involving the three parties – the landlord, the current and the proposed tenant.

The resolution: Settlement is reached, with the landlord consenting to the assignment on the basis that the:

  • security deposit be increased from 1 months rent to 6 months rent, via a bank guarantee
  • current tenant agrees to pay the cost of preparing the bank guarantee, as the sale of business was based on an unchanged lease.

For more information, you can speak with a member of our team by calling 1800 878 964 or emailing us .

Related information

Five-year waiver certificates, options and renewals for retail leases, paying key money, essential safety measures: who should pay for them, stay up to date with vsbc.

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Home > Advice > Ending your tenancy > Ending your lease

This information is a guide and should not be used as a substitute for professional legal advice.

Ending your lease

This page has information on what to do when you want to end your rental agreement (lease). it includes information on requirements for giving notice if you want to move out when your fixed term agreement ends as well as notices you can give and steps you can take if you want to end your agreement early., what’s on this page, on this page.

Ending rental agreements (leases) by:

  • Mutual consent between you and the rental provider (landlord)
  • Giving notice when your fixed term agreement has ended or is about to end
  • Giving notice before the end of your fixed term agreement
  • Applying to the Victorian Civil and Administrative Tribunal (VCAT) to end an agreement because of family or personal violence, or hardship
  • Transferring your agreement to someone else – also see our page Lease transfers and subletting

Not on this page

Notices to vacate.

A notice to vacate is a request in writing from the rental provider for you to leave your rented home. Whilst in some instances if you have received a notice to vacate you can give a reduced notice in return, this page only deals with that reduced notice, not any other information on notices to vacate.

If you have received a notice to vacate please see our Notice to vacate and Eviction pages.  In some cases, you can challenge a notice and will not have to leave.

If you are behind in the rent also see our pages on Overdue rent and Financial hardship .

If you want information on what you need to do to get ready to move out, such as information on cleaning and final inspections, see our Moving out page.

Breaking your agreement (lease breaking)

If you want to end your rental agreement (lease) before the end of the fixed term, please read the information on this page to see if there is an option available to you under the law that will allow you to end your agreement without having to pay ‘lease break’ costs.

If none of the options on this page apply to you, you can end your fixed-term agreement early by breaking your agreement. But if you end your agreement this way you may be asked to pay ‘lease break’ costs.

‘Lease break’ costs may include loss of rent and fees for advertising and reletting.

For more information see our page Lease breaking .

Mutual consent

A rental agreement can be ended by mutual consent between you and the rental provider (landlord), even if it’s a fixed term agreement [sections 91C and 91D].

If you and the rental provider agree that you can move out without giving formal notice and/or before the end of your fixed term, we strongly advise you get the agreement in writing. The agreement should state that you will not be liable for any ‘lease break’ costs for moving out early and should be signed by you and the rental provider, or their agent. Make sure you keep a copy of the agreement.

Note that all the sections in brackets on this page, such as [section 91C], refer to Victoria’s Residential Tenancies Act 1997 . See the bottom of this page for links to all of these.

Notice of intention to vacate

A notice of intention to vacate is a written statement you give to the rental provider telling them that you want to end your rental agreement and move out.

In most instances a notice of intention to vacate is required if you want to end your rental agreement.

It needs to be given in writing, signed by you, and must include:

  • The required minimum notice period
  • The date that you will be moving out and returning the keys [sections 91Z, 91ZZN]

You can give more than the minimum notice period, but not less.

You can move out before the end of the notice period, but you will still be responsible for the rent for the entire notice period.

See also the section headed ‘Giving a notice of intention to vacate’ on this page.

If you are breaking your agreement, rather than ending it in one of the ways on this page, see our Lease breaking page for information on giving notice. There is no minimum notice period in those circumstances, but you should give as much notice as you can.

Notice at the end of an agreement

When a fixed term rental agreement ends it automatically continues as a periodic rental agreement, such as a month-to-month agreement, until either you or the rental provider give notice to end it [section 91Q].

28 days’ notice

If you have a periodic agreement and you want to move out, you need to give a written notice of intention to vacate.

In most instances, the minimum required notice period is 28 days [section 91Z].  However, there are some instances where you can give a reduced notice period of 14 days.  See below to see if any of these options apply to your situation.

You can also give a notice of intention to vacate if your fixed term agreement is coming to an end but the vacate date in your notice cannot be a date that is earlier than the end of the fixed term [section 91ZA].

14 days’ notice

If you have a periodic agreement, and any of the matters in the below list apply to you, the minimum required notice period you need to give in your notice of intention to vacate is 14 days.

If you have a fixed term agreement and any of the matters in the below list apply to you, you will be able to end your agreement with 14 days’ notice even if the vacate date you give is before the end of your fixed term. See the section headed ‘Notice before the end of a rental agreement’ on this page.

You can give a reduced notice period of 14 days if you:

  • Need special or personal care and must leave to get care: you will need to include evidence of this with your notice of intention to vacate
  • Have received, and accepted, an offer of public housing from the Victorian Government’s Director of Housing or an offer of community housing: you will need to include evidence of this with your notice of intention to vacate
  • Need to move to temporary crisis accommodation: you will need to include evidence of this with your notice of intention to vacate
  • Have a disability and have asked to make reasonable modifications to suit, but the rental provider has refused – however, see our page on Modifications as you may be able to get modifications done to avoid having to move out
  • Have been given a ‘notice of intention to sell’ by the rental provider and were not told of the rental provider’s intention to sell the property before you entered into the rental agreement
  • Live in special disability accommodation and the rental provider’s registration to provide this accommodation has been revoked

You can also give a reduced notice period of 14 days, under section 91ZB, if the rental provider has given a notice to vacate for any of these reasons:

  • Repairs, renovations or reconstruction [section 91ZX]
  • Demolition [section 91ZY]
  • The property is to be used as a business [section 91ZZ]
  • The rental provider, or a dependent family member of theirs, needs to move in [section 91ZZA]
  • The property has been, or is being, sold [section 91ZZB]
  • The property is required for a public purpose [section 91ZZC]
  • Your fixed term agreement is ending [sections 91ZZD and 91ZZDA]
  • You are a public housing renter and are no longer eligible for public housing [section 91ZZE].

It is important to note that even though you have a right to give a reduced notice period if the rental provider has given you one of these notices to vacate, you may not necessarily have to move out.  See our pages Notice to vacate and Eviction for more information

Notice before the end of an agreement

If you have a fixed term rental agreement and you want, or need, to end your agreement early you may be able to do so in a way that you are not asked to pay ‘lease break’ costs.

If you are unsure if your situation would allow you to give one of the following notices, you may be able to apply to VCAT to ask for orders that you can end your rental agreement before the end of the fixed term. See Apply to VCAT on this page.

Property is unfit, unsafe or unavailable — b efore you move in

If you have entered into a rental agreement, but have not yet moved in, you can give notice that you are immediately terminating your rental agreement if you find any of the following problems with the property.  It:

  • Is not in good repair
  • Is unfit for human habitation
  • Is destroyed, either totally or to an extent that makes it unsafe
  • Is not vacant
  • Is not legally available for use as a home
  • Does not meet any of the rental minimum standards
  • For any other reason is unavailable for occupation [section 91L]

Note that there is a high threshold for terminating your agreement this way. If the rental provider does not agree you are able to terminate your agreement for one of these reasons they may try to claim ‘lease break’ costs from you.

They may also try to claim ‘lease break’ costs from you if try to terminate your agreement this way, but they believe you have already moved into the property: for example, if you have started sleeping there.

To defend against any such claim you should make sure you have sufficient evidence to support your position that the property is in such poor repair that you cannot move in, or that it is destroyed, unsafe, unfit for human habitation, does not meet minimum standards or that you cannot move in for any of the other reasons in the list above.

Take photos or videos of anything that supports your notice to terminate the agreement as well as any communications you have had with the rental provider or agent, such as emails and phone logs. It may also be helpful to get reports from specialists such as electricians or engineers, though you will likely need to pay for these yourself and they can be expensive.

If the rental provider makes a claim for ‘lease break’ costs we recommend you do not pay anything until the claim has gone to VCAT, where you can present your evidence to show why you terminated the agreement and why you should not have to pay ‘lease break’ costs

Property is unfit or unsafe — after you move in

If the property becomes unsafe or unfit for human habitation after you have moved in, you can end your rental agreement early by giving an immediate notice of intention to vacate [section 91ZD].

There is no minimum notice period for these sorts of problems. You can nominate an immediate vacate date, or whatever later date suits you.

Again, there is a high threshold for terminating your rental agreement this way. If the rental provider does not agree you are able to terminate your agreement early for one of these reasons they may try to claim ‘lease break’ costs from you.

To defend against any such claim you should make sure you have sufficient evidence to support your position that the property is unsafe or unfit for human habitation. Take photos or videos of anything that supports your notice as well as any communications you have had with the rental provider or agent, such as emails and phone logs.  It may also be helpful to get reports from specialists such as electricians or engineers, although you will likely need to pay for these yourself.

If the rental provider makes a claim for ‘lease break’ costs we recommend you do not pay anything until the claim has gone to VCAT, where you can present your evidence to show why you terminated the agreement and why you should not have to pay ‘lease break’ costs.

You need a different property

You can give a notice of intention to vacate to end your agreement early if you need to move to a different property in some circumstances.

You can give the notice of intention to vacate under section 91ZB to move to a different property if you:

  • Need special or personal care and must leave to get care: evidence is required with the notice of intention to vacate
  • Have received, and accepted, an offer for public housing from the Victorian Government Director of Housing or an offer of for community housing: evidence is required with the notice of intention to vacate
  • Need to move into temporary crisis accommodation: evidence is required with the notice of intention to vacate
  • Have a disability and have asked to make reasonable modifications to suit, but the rental provider has refused – however, see our page on Modifications as you may be able to get modifications done to avoid having to move out.

The minimum required notice period you need to include in your notice of intention to vacate is 14 days [section 91ZB]. You can give more than 14 days’ notice, but you must not give less than 14 days.

If you end your agreement early by giving a notice of intention to vacate for any of these reasons you cannot be asked to pay any ‘lease break’ costs [section 91ZB].

The property is being sold

You can give a notice of intention to vacate to end your agreement early if you have been given a ‘Notice of intention to sell’ by the rental provider and were not told of the rental provider’s intention to sell the property before you entered into the rental agreement [section 91ZB].

If you end your agreement early by giving a notice of intention to vacate for this reason you cannot be asked to pay any ‘lease break’ costs [section 91ZB].

You can also give a reduced notice of intention to vacate to end your agreement early if you have been given a notice to vacate because the property has been, or is being, sold. See the section below.

You received a notice to vacate

You can give a notice of intention to vacate to end your agreement early, under section 91ZB, if you have received a notice to vacate for any of these reasons:

  • Repairs, renovations, or reconstruction [section 91ZX]
  • You are a public housing renter and are no longer eligible for public housing [section 91ZZE]

If you end your rental agreement early by giving a notice of intention to vacate in response to getting one of the above notices to vacate you cannot be asked to pay any costs for rent that would ordinarily be owing to the end of the fixed-term date in your agreement [section 211A].

The rental provider may try to ask you to pay other ‘lease break’ costs, such costs to readvertise the property or reletting costs. However, they should not be reletting the property if they have given you a notice to vacate for any of the above reasons, so would not have any grounds to ask you for any of these costs.

If the rental provider asks you to pay any ‘lease break’ costs we recommend you do not pay anything until the claim has gone to VCAT, where the rental provider will need to prove to VCAT why they should be entitled to any costs.

It is important to note that even though you have a right to give a reduced notice period if the rental provider has given you one of the above notices to vacate, you may not necessarily have to move out. See our pages Notice to vacate and Eviction for more information.

Long-term agreements

If you have entered into a long-term rental agreement for a period of 5 years or more, but the agreement is not in the standard form required by the law, you can give a notice of intention to vacate to end your agreement early [section 91ZC].

The minimum required notice period you need to include in your notice of intention to vacate is 28 days [section 91ZC]. You can give more than 28 days’ notice, but you must not give less than 28 days.

If you end your long-term agreement early by giving a notice of intention to vacate because the agreement is not in the standard form you cannot be asked to pay any ‘lease break’ costs [section 91ZC].

Rental provider breaches

You can give a notice of intention to vacate to end your rental agreement early if the rental provider has committed ‘successive breaches’ of their duties – they have breached the same duty 3 times, but they must have been given notices of breach for breaching the same duty twice before that [section 91ZF].

You can also give a notice of intention to vacate to end your agreement early if the rental provider has failed to comply with a compliance order made by VCAT [section 91ZE].

Before you can give a notice of intention to vacate for these reasons there are steps you need to carefully follow.

You should also view our Landlord breaches and Applying to VCAT pages.

Step 1 – is it a breach?

First you need to make sure the breach is one that will allow you to give a ‘notice of breach of duty’ under the  Residential Tenancies Act 1997 .

The rental provider has breached a duty if they do not:

  • Make sure the property is vacant and reasonably clean and vacant on the date you are supposed to move in [section 65]
  • Allow you have ‘quiet enjoyment’ of the property [section 67]
  • Keep the property in good repair, including safety-related repairs and maintenance and making sure the property meets minimum rental standards [sections 68, 68A, 65A]
  • Keep gas and electrical safety-check records and provide them when you request them [section 68B]
  • Provide locks that secure external doors and windows [section 70]
  • Give you a key when they change a lock [section 70]
  • Replace faulty appliances, fixtures and fittings for water, electricity and gas with a replacement meeting a minimum standard for efficiency [section 69]

The rental provider has also breached a duty if they give a key for a changed lock to someone excluded from the property under an intervention order or no longer on the rental agreement, where the lock was changed by someone experiencing family or personal violence [sections 70A, 70B]

Step 2 – give a notice of breach of duty

If the rental provider has breached any of the above duties, you can give them a ‘notice of breach of duty’. This tells them they must, within the ‘required time’ after receiving the notice, fix the problem and not commit the same, or similar, breach again [sections 3, 208].

You should make sure you have sufficient evidence of the breach because if the rental provider challenges the breach notice at VCAT you will need to be able to prove the breach to VCAT.

‘Required time’

For breaches of quiet enjoyment, the required time to fix the problem and not commit the same or similar breach again is 7 days. For all other breaches the required time is 14 days.

The required time starts from the time the rental provider receives the breach notice. If you send the breach notice by post make sure you allow extra time for it to be delivered.

See the page on VCAT’s website on ‘When to send notices’ for guidance on how much time you should allow for delivery if you are sending the notice by post.

  • When to send notices [VCAT website]

Step 3 – 2 options

If the rental provider has not fixed the problem within the required time of receiving the ‘notice of breach of duty’ you have 2 options – apply to VCAT for a compliance order, or give a second breach notice.

Option 1 – Apply to VCAT for a compliance order

If the rental provider has not fixed the problem within the required time of receiving the ‘notice of breach of duty’ you can apply to VCAT for a compliance order [section 209].

Timing is important. Do not apply to VCAT too early as it may not make a compliance order for the breach if the ‘required time’ in the breach notice has not yet ended – that is, if the rental provider still has time to comply with the breach notice.

If VCAT makes a compliance order it will include a date by which the rental provider needs to fix the problem. If the rental provider does not do this by the time set out in the order you can give a notice of intention to vacate to end your agreement early [section 91ZE].

The minimum required notice period you need to include in your notice of intention to vacate is 14 days [section 91ZE]. You can give more than 14 days’ notice, but you must not give less than 14 days.

If you followed all the steps properly, including giving enough time before moving to the next step, you cannot be asked to pay any ‘lease break’ costs.

Option 2 – Give a second breach notice

If the rental provider has not fixed the problem within the ‘required time’ of receiving the first ‘notice of breach of duty’ or has committed the same, or a similar breach, you can give them a second ‘notice of breach of duty’ [sections 3, 208].

If, after receiving the second ‘notice of breach of duty’, the rental provider still has not fixed the problem within the ‘required time’ or has again committed the same, or a similar breach, you can give a notice of intention to vacate to end your agreement early due to the rental provider being in breach of the same duty provision for a third time – that is, ‘successive breaches’ [section 91ZF].

You should include with your notice of intention to vacate copies of the 2 breach notices you have already given to the rental provider, and any evidence of the breaches.

The minimum required notice period you need to include in your notice of intention to vacate is 14 days [section 91ZF]. You can give more than 14 days’ notice, but you must not give less than 14 days.

Timing is important. Generally, you need to give the rental provider the full ‘required time’ to fix the breach before you can take further action. Otherwise, the second breach notice or notice of intention to vacate may not be valid under the law.

For example, if you have given a breach notice for repairs the rental provider has the full ‘required time’ – 14 days – to do the repairs.

If they do the repairs in this time they are no longer in breach. You cannot give a second breach notice.

However, if they do not do the repairs in this time they are still in breach, and you can give a second breach notice.

Then, if after receiving the second breach notice they do the repairs in the ‘required time’ in the second notice, which is also 14 days, they are no longer in breach, and you cannot give a notice of intention to vacate.

However, if they do not do the repairs within 14 days of receiving the second breach notice they are still in breach, and you can give a 14-day notice of intention to vacate.

If you followed all the steps properly, including leaving enough time between giving the breach notices and the notice of intention to vacate, you cannot be asked to pay any ‘lease break’ costs.

Apply to VCAT: family violence

If you are experiencing family or personal violence by someone else on the rental agreement and need move out to protect yourself or your children, you can apply to VCAT for an order to end the rental agreement, whether it is fixed-term or periodic [section 91V].

It is very important that you do not hand in your keys or break your agreement before VCAT hears your application, because otherwise you could be asked to pay ‘lease break’ costs.

If the rental provider makes a claim for ‘lease break’ costs, we recommend you do not pay anything until your application has gone to VCAT.

If you wait for the VCAT hearing and VCAT makes an order that your rental agreement can end early you cannot be asked to pay any ‘lease break’ costs [section 91X].

You will still be responsible for the rent while you are waiting for the hearing, but VCAT must hear your application within 3 business days of you making it, or the next closest hearing day if that is not possible [section 91V].

The application can be made without the consent of the rental provider or any other person who is on the rental agreement [section 91V].

If VCAT makes an order ending the rental agreement it will end on the date VCAT specifies in that order [section 91W].

In making the order VCAT will need to be satisfied:

  • That you, or your children, would likely suffer severe hardship if the rental agreement is not ended
  • That the hardship you, or your children, would likely suffer would be more than any hardship the rental provider would suffer if the order was made
  • That it is reasonable to make the order given the interest of any other renters, except any person excluded from the property under an intervention order
  • Whether the other renters, if any, support your application [section 91W]

You do not need an intervention order to apply if you are experiencing family violence. However, an intervention order will be required in circumstances of personal violence [section 91V].

If the person exposing you to family or personal violence is not on the agreement but you still need to move to protect your safety, or the safety of your children, you can apply to VCAT to end the rental agreement on hardship grounds. See the next section, headed ‘Apply to VCAT– hardship’.

You should know that you also have the option to stay at the property and there are steps you can take to make it safer. You can apply to VCAT for an order which ends your current rental agreement, fixed term or periodic, and starts a new rental agreement with your name on it, and the name of any other person you want to live with, but without the name of the person subjecting you to violence [section 91V].

For more information on these applications and options available to you, see our Family violence page and Family Violence Protection Tenancy Kit .

Apply to VCAT: hardship

If something unforeseen happens and it would cause you severe hardship to stay in the property until the end of your fixed term rental agreement, you can apply to VCAT to either reduce the period of your fixed term or to end your rental agreement early [section 91U].

It is very important that you do not hand in your keys or break your agreement before VCAT hears your application, because otherwise it is more likely that you will be asked to pay ‘lease break’ costs.

If the rental provider makes a claim for ‘lease break’ costs we recommend you do not pay anything until your application has gone to VCAT.

The rental provider can ask VCAT to make an order for compensation for ‘lease break’ costs at the hearing but you will have an opportunity to argue why you should not have to pay these costs [section 91U].

For example, you are:

  • Experiencing financial hardship and cannot afford to pay ‘lease break’ costs
  • At risk of homelessness and paying ‘lease break’ costs will affect your ability to find and pay for future housing
  • Experiencing family or personal violence and the reason you are leaving is for your safety, or the safety of your children

In making an order to reduce the fixed term or to end the agreement VCAT will need to be satisfied that:

  • There has been an unforeseen change in your circumstances: for example, you have lost your job, and would suffer severe hardship if your rental agreement continues
  • The hardship you would likely suffer if your fixed term were not reduced, or your rental agreement not ended, would be greater than the hardship the rental provider would suffer if the order was made [section 91U]

In deciding on whether ‘lease break’ costs are payable, VCAT must consider any severe hardship you are expected to suffer due to unforeseen circumstance if the rental agreement were to continue [section 211A].

You should include any evidence that supports your change in circumstances and resulting hardship in your application to VCAT. Take all your evidence to the hearing with you.

If VCAT makes an order reducing the fixed term or ending the rental agreement, the date for that will be included in the order. If the order reduces the fixed term, rather than ends the agreement, you still need to give a notice of intention to vacate when you want to move out.

This type of application can be made without the consent of the rental provider.

See our page Lease breaking for more information on ‘lease break’ costs.

Assign to someone else

If none of the options on this page apply to you, instead of breaking your rental agreement it may be easier to transfer, or ‘assign’, it to someone else.

However, this is not always the simplest option as you need to get the rental provider’s consent, update the rental agreement, and arrange for the transfer of the bond so you cannot be held accountable in future for the person taking over your rental agreement [section 81].

The rental provider can also charge you for reasonable costs they have incurred because of the transfer. However, they cannot charge you for giving their consent [section 84].

For more information on transferring your agreement see our page Lease transfers and subletting .

Giving a notice of intention to vacate

We recommend you use Consumer Affairs Victoria’s Notice of Intention to Vacate form (document) when giving a notice of intention to vacate so you do not miss any important information. If you use this form to give your notice it will need to be signed by all the renters on the agreement.

A notice of intention to vacate must be given in writing and signed by you. It must include:

  • The date that you will move out and return the keys [sections 91Z, 91ZZN]

You should also include any evidence that supports why you are giving the notice, particularly if you are giving a reduced notice or notice that you are ending your rental agreement early.

You can give more than the minimum notice period, but not less, because otherwise you may be asked to pay ‘lease break’ costs.

You can move out before the end of your notice period, but you will be responsible for the rent for the notice period.

Before giving the notice and any supporting evidence to the rental provider keep copies of all of it. Make sure your copies are clearly readable and keep them safe in case you need to rely on them later if the rental provider tries to make a claim for ‘lease break’ costs.

Ways to give notice

You can give the notice in several ways [section 506].

Give a copy of the notice, and copies of any evidence you have attached, to the rental provider or agent in person. Write down the date, time, and name of the person you handed it to.

If you mail the notice, Tenants Victoria recommends using registered post. Keep your receipt and tracking number so you can prove when you sent it.

Allow extra time for delivery if the notice gives the rental provider a time frame to comply. See Australia Post’s  delivery times .

You can only send notices by email if the rental provider or agent has agreed to this.

Check If you to have something in writing from the rental provider or agent that says they agree to you sending notices by email – this might be in your rental agreement.

Also make sure you are using the email address the rental provider or agent agreed to in the written communication, as they may have more than one email address.

Check to see if you can add a delivery or read receipt to your email before you send it, so that you receive an automatic reply. In your email ask for a return email from the agent or rental provider, to confirm your email has been received, or call them.

  • Delivery times [Australia Post website]

Your final rent payment

You do not have to wait until your rent is due before you give a notice of intention to vacate.

If you want to leave in the middle of a rent cycle you can. You will be responsible for paying the rent up to, and including, the vacate date in your notice.

You have a rental agreement that says the rent is payable per calendar month, due on the first of each month. You paid your usual monthly rent on 1 August but later decide you want to move out. You give 28 days’ notice that you will be moving out on 14 September.  When 1 September comes around you do not need to pay another whole month’s rent. You only need to pay the rent up to, and including, 14 September.

To work out how much you need to pay multiply your monthly rent by 12 then divide that figure by 365 to get the daily rent amount. Then multiply the daily amount by 14 to calculate the amount you need to pay to cover the period from 1 September to 14 September.

Consumer Affairs Victoria (CAV) has a rent calculator which can help you work out your daily rent amount.

  • Rent calculator [CAV website]

Your rental agreement ends when you have vacated the property and returned the keys. Make sure you return the keys on the day that you leave, as you can be charged rent while you still have the keys.

You should contact the rental provider, or agent, shortly after you give notice to arrange how the keys are to be returned.

Withdrawing your notice

If you have changed your mind about leaving or want to stay a little longer, you should contact the rental provider to ask if you can withdraw your notice or change your vacate date. If you and the rental provider agree that your notice can be withdrawn, or your vacate date changed, you must get the agreement in writing, signed by you and the rental provider [section 91ZZQ].  Make sure you keep a copy of the agreement.

If the rental provider has already acted on your notice and spent money trying to find new renters, such as advertising the property, they may ask you to pay those costs if they agree you can withdraw your notice.

If the rental provider does not agree that you can withdraw your notice, and you stay at the property after the vacate date in your notice, they may apply to VCAT for a possession order, which may lead to you being evicted [section 322]. It can take a little while for VCAT to schedule a hearing for a possession order so you may be able to negotiate with the rental provider that you can stay for a few extra days or weeks rather than them applying to VCAT.

See our page Evictions .

  • Residential Tenancies Act 1997 (AustLII website)
  • Section 3 – Definition of required time
  • Section 81 – Assignment and sub-letting by a renter
  • Section 82 – Renter may apply to VCAT
  • Section 84 – Rental provider cannot ask for fee for giving consent
  • Section 91C – Termination by agreement
  • Section 91D – Termination by consent
  • Section 91L – Termination by renter before possession
  • Section 91Q – Creation of periodic rental agreement
  • Section 91U – Reduction or termination because of hardship
  • Section 91V – Termination or creation because of family or personal violence
  • Section 91W – VCAT termination or creation orders
  • Section 91X – VCAT may determine parties’ liability under terminated rental agreement
  • Section 91Z – Notice of intention to vacate
  • Section 91ZB – Reduced period of notice of intention to vacate in certain circumstances
  • Section 91ZC – Rental agreement of more than 5 years does not comply with standard form
  • Section 91ZD – Premises destroyed or unfit for habitation
  • Section 91ZE – Failure of rental provider to comply with VCAT order
  • Section 91ZF – Successive breaches by rental provider
  • Section 91ZZN – Form of notice of intention to vacate
  • Section 91ZZQ – How can a notice be withdrawn
  • Section 208 – Breach of duty notice
  • Section 209 – Application for compensation or compliance for breach of duty
  • Section 211A – Matters to be considered by VCAT in a compensation matter
  • Section 322 – Application for possession order by rental provider
  • Section 506 – Service of documents

Related pages

Lease breaking Moving out Landlord breaches Lease transfers and subletting Notice to vacate Eviction Family violence

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How to Perform a Lease Transfer in Melbourne

transfer of lease form victoria

Key takeaways: A lease transfer is important if you want to move out of your rental before the lease is up. You should make sure that you have your lease and any corresponding paperwork to perform a lease transfer. Transfering a lease to another renter is indeed a long and legal process that must be done with care. Ensure you do sufficient research before undertaking a lease transfer in Melbourne, as not doing it the right way may put you in a legal entanglement.

What is a lease transfer? Almost all Australian tenants sign a residential tenancies bond authority. This authority is somewhat similar to lease transfer. It is like a power of attorney in legal terms.

A lease transfer is relevant and compulsory when one renter wants to move out of a property and brings a new tenant or new renter to replace them.

A lease transfer agreement is only valid when the landlord or agent in charge of the house gives consent. But do you know how to break a lease ?

It is imperative to know more about lease transfer before indulging in it. Let’s take a look at some common terminologies with lease transfer Melbourne CBD.

Lease transfer Melbourne: what is it?

lease transfer melbourne

A lease transfer is a written document prepared by a rental provider for new renters. This agreement is a contract that binds the rights of tenants and their obligations throughout their tenancy period.

Before a tenant embarks on a lease transfer, they must understand how it helps them know about their duties and rights to avoid unnecessary or embarrassing surprises or occasions. However, new tenants must ensure they have a copy of their lease agreement . If you don’t have it yet, refer to your rental provider for your copy.

When transferring a lease agreement to a new renter , the new renter’s name will be put in place of your own for the next tenancy period after the agreed date of your evacuation.

Note that before transferring your tenancy lease agreement, your rental provider’s consent is optimal. In the absence of that, the agreement will not stand.

This agreement isn’t peculiar to Melbourne CBD but also exists in other parts of Australia, including Victoria.

If your agent or rental provider agrees, there must be a rental provider’s written consent to prove their approval.

While this process may seem monotonous, what’s concerning is how to properly perform a lease transfer in Melbourne. Why tenants decide to vacate an apartment and put in new renters isn’t a static issue. Whatever the reasons are remain unsolved.

Let’s find out how to end a rental lease without problems.

How to perform a lease transfer Melbourne

lease transfer melbourne

To transfer your lease in Melbourne, you should know what to do before signing the lease , as there are parts of a lease agreement you shouldn’t miss .

Know what your options are

You are expected to check out local laws to ensure you understand what your rights are, including your landlord or rental owner’s power and limitations to their response to your lease transfer request.

Here’s an example to understand what the above paragraph states. If the state law says a landlord should pacify the damages emanating from unpaid rent, the landlord is indebted to welcome an assignee . But the new renter must be financially buoyant as the previous tenant.

Take, for instance, a tenant who is paying $500 for rent per month and they have about four months left on their lease. If they decide to evacuate the rental property before the end of the remaining month, your landlord becomes accountable for $3,000 in deface.

If you succeed in finding a renter to assume the remaining four months, then your landlord has the option to evade those damages. This will put him in a tight corner to let you bring in qualified renters .

Review landlord or rental providers policies

If your apartment or rental property is under professional management, it is possible to have policies that are already in existence for your lease transfer in the rental agreement. So if there is, do well to investigate the policies to know if there are forms you need to send to your assignee and parts of a lease agreement you shouldn’t miss . This will contain where to send the new renter’s application and whether there will be other costs or fees, such as bond money.

Write your agreement

Tenants usually think they are usually free from all encumbrances , but this isn’t true. you are only free if the agreement contains a paragraph that specifies you are free. If not, you are expected to come back if the new renter stops paying their rent. You can evict them and reside in your house.

Send the assignment agreement to your landlord

After you must have signed the agreement with your assignee, send the document to your landlord via email or whichever way that’s convenient and await his review/response. Once he approves it, you are off the hook.

What is a residential tenancies bond authority?

lease transfer melbourne

Residential tenancies bond authority (RTBA) is a lone government branch that keeps bonds in the process of rental agreements.

Landlords or rental providers are obliged to lodge each bond with RTBA .

Frequently asked questions

Can i bunk with someone if we don’t have a lease.

You sure can! But first, you have to get a thumbs-up in writing from your landlord or agent. Tell them to add the name of your new roomie to your rental agreement as another person living with you.

How much does it cost if I want to get out of my lease?

Well, for leases longer than five years, you have to pay at least one month’s rent for every unpaid year on the agreement. It’s not a free ride, you know.

Can my landlord boot me out of my place?

Totally! Your landlord can tell you to pack up and leave for reasons they think are good. If you decide to stick around past your move-out date, they can call in the big guns, VCAT, to kick you out.

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transfer of lease form victoria

transfer of lease form victoria

Transfer of tenancy document

You can use this sample document when one tenant is moving in and taking over the lease from another tenant. It requires signatures and consent from the tenant moving out, the tenant moving in, the landlord, and any other tenants who are remaining in the premises.

Transfer of Tenancy

I/We (the transferor/s) hereby transfer all of my/our rights and obligations under the residential tenancy agreement as tenant/s of the premises to the transferee/s from the transfer date.

The other tenant/s consent/s to this transfer and acknowledge the transferee/s as tenant/s from the transfer date.

The landlord/s consent/s to this transfer and acknowledge/s the transferee/s as tenant/s from the transfer date.

Existing Agreement Details

Landlord/s (names/s):

Tenant/s (names/s):

Premises (address):

Total rent ($ per week):

Start date (day, month, year):

Original Term (years/months/weeks):

Transfer Details

Transfer date (day, month, year):

Transferor/s (name/s, sign and date) (outgoing tenant/s):

Transferee/s (name/s, sign and date) (incoming tenant/s):

Other tenant/s (name/s, sign and date) (other tenant/s not leaving):

Landlord/s (or agent) (name/s, sign and date):

Every one who signs this document should keep a copy

The standard terms of residential tenancy in New South Wales are implied by law. They can be viewed at: https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-2019-0629#sch.1

RELATED RESOURCES

  • Factsheet 02: Starting a tenancy
  • Factsheet 09: You want to leave
  • Factsheet 11: NSW Civil and Administrative Tribunal
  • Factsheet 14: Boarders and lodgers
  • Factsheet 15: Share housing
  • Factsheet 16: Ending fixed-term tenancy early
  • Factsheet 18: Transfer and sub-letting
  • Factsheet 27: Boarding Houses Act

Sample letters

  • Request for consent to transfer co-tenancy
  • Transfer of co-tenancy - consent withheld

Other resources

  • Boarding houses resources
  • Complaints to Fair Trading
  • Death of a tenant
  • Domestic Violence – Ending your tenancy under the Residential Tenancies Act DV provisions
  • Easy Read factsheets
  • Emergency accommodation info
  • Financial assistance for renters
  • International students resources
  • New Renters Kit
  • Rent Converter
  • Renting with pets in NSW
  • Request advice before a Tribunal hearing
  • Share housing agreement
  • Share Housing Survival Guide
  • Tips: Negotiating with the landlord
  • Tips: Renting after a disaster
  • Tips: Take photos when moving in or out
  • Tips: The easy way to claim your bond
  • Useful links – housing organisations, legal services, government
  • Share houses
  • Starting a tenancy
  • You want to leave

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Variation of Leases: Tips and Traps

transfer of lease form victoria

12 May 2016

Against a background of the High Court’s imprimatur of the contractualisation of leases, a lease variation agreed by the parties could be viewed simply as a variation of contract.

However, as stated in Halsbury’s “at common law an agreement to vary the terms of the lease was characterised, depending upon the circumstances, as either a collateral personnel agreement between the parties, or as a surrender of the existing lease and entry into a new lease which incorporated the terms as varied”.

In an English decision in 1970, Russell LJ for the Court of Appeal said:

“The “surrender of by operation of law” takes effect whether or not the parties to the new lease intend it to take effect.  Moreover, even if there is no express grant of a new lease the old lease will be surrendered by operation of law if the arrangements made between the landlord and the tenant are such as can only be carried out so as to achieve the result which they have in mind if a new tenancy is in fact created”. 2   

The rule was derived from estoppel principles and the parties’ intention was considered irrelevant.

In a 1991 English decision the court said:

“The lessee [was] estopped from disputing the validity of the new lease to which he had agreed, and from denying that he had surrendered the old lease.  The rationale is that the landlord cannot have validly granted the new lease without having first procured a surrender of the old one.  The rule does not depend upon the actual intention of the parties, but upon the impossibility of the two demises co-existing”. 3   

But even as far back as 1970 there was some disquiet about the rule.  In the same case I referred to earlier Russell LJ considered a situation where parties to an existing lease wished to increase the rent without altering the land and he said:

“Viewing the matter apart from authority, it is difficult to see why the fiction of a new lease and a surrender by operation of law should be necessary in this case; for by simply increasing the amount of rent, and providing the additional rent shall be annexed to the reversion one is not altering the nature of the pre-existing item of property.  Further, if one looks to convenience, it would be most unfortunate if in these days, when arrangements for increase of rent are so common that the increase should be taken to involve of necessity a legal fiction which, although in most cases it may do no harm, may in some cases have serious repercussions.”

In this paper, I will look at some of the repercussions of this surrender principle after examining what types of variations might constitute a surrender and re-grant and what types may not.

Surrender and re-grant

The main issue is whether the variation is so substantial, or deals with particular topics so that it will be deemed a surrender by operation of law of the existing lease and a new lease creation.

Variation of rent 

  • A number of cases have established that where the rent is reduced it could be seen as a voluntary forbearance, or as the grant and acceptance of a new demise.Whether this “surrender principle” applies may depend on the effect of the alteration.

If a rent review clause is included in a lease, there is no alteration to the terms of the lease and so if the rent is reviewed under the clause, the surrender principle cannot apply.

Correction of Errors or Omissions

  • A variation to correct an error or omission in the lease, will be a supplementary agreement only although material deleted by the supplementary agreement may be used to construe the remaining parts of the lease.

Term of Lease 

  • An alteration of the duration of the lease, by increasing the lease term or adding further options for renewal, is contentious but cases establish that either will affect a surrender of the original lease and the re-grant of a new lease.

In a 1960 decision, a supplemental deed extended a lease for seven years to a lease for 11 years and the surrender principle was held to apply.  And in a 1989 decision involving the inclusion of an option for renewal for a further term a Commissioner said

“In my opinion, a demise with a covenant of renewal is an estate or interest in the land that is different from a demise containing no covenant of renewal, and this is so regardless of whether the covenant of renewal is in a form which provides for the enlargement of the existing term, or is in a form which provides for the grant of a new lease.  I would, therefore, hold that the introduction into a lease by a deed of variation of an option of renewal works a surrender of the old lease by operation of law and a grant of new lease.”

So as stated in Halsbury, “where the term of the lease is altered it is difficult to satisfy the court that there has been a mere variation.”

The duration of the lease may be reduced but this will affect a surrender. 8

A change to the leased premises

As Lang has pointed out there are three possible changes:

  • An addition to the existing premises
  • A reduction of the existing premises 
  • Substitution of an entirely different premises, like on a relocation of a tenant within a shopping centre. 9   

The Redfern and Cassidy text  10  says the position with (1) is not clear, while Lang says generally  (1) and (3) involve the surrender principle. 

As to (2), in Penny v Craber 11 , the leased premises were reduced (although only the grounds around the leased dwelling) and this was held not to be a surrender by operation of law.  And in Jenkin R Lewis & Son Ltd v Kerman 12  the leased premises (and rent) were reduced without constituting a surrender.

So the safest course would seem to be that any addition to the area of the premises will bring in the surrender principle.

Changes to covenants

It has been accepted that an assignment can alter the identity of the parties and therefore the surrender principle doesn’t apply. 

In the Happy Century Pty Ltd v Nezville Pty Ltd decision 13  a landlord purported by re-entry to forfeit a lease, and in the subsequent VCAT proceedings a deed of settlement was entered into which restored the lease and varied its terms.  This was treated as a mere variation of the lease without a surrender because the Deputy President found, at paragraph 31: 

“Had the parties intended that there be a step as significant as a surrender and re-grant, it would seem likely that they would have provided for a separate deed to give effect to that intention as well, rather than have it effected or purportedly effected by a clause in terms of settlement executed only by counsel.” 

The Deputy President placed reliance on the fact that there was no variation to the term of the lease and that a provision making Happy Century Pty Ltd provide an additional security deposit by way of bank guarantee when viewed against the totality of the obligations constituted by the lease, was “relatively trivial”. 

In a recent situation in which a client landlord of mine was involved, a tenant had, without the landlord’s consent or knowledge, applied for and obtained a liquor licence for the premises.  I took the view that the lease needed to be amended by including provisions to deal with that.  I treated the matter as involving the surrender principle. 

Other issues which practitioners may need to consider include agreements about the removal of fixtures, internal alterations of works, adding a guarantor or bank guarantee or security deposit provision or altering them on a transfer of the lease. 

Also, and very current after Justice Garde’s VCAT’s opinion, practitioners might need to consider the position if a lease is amended to make clear the landlord’s and the tenant’s responsibilities for essential safety measures. 

So as a general overview, some variations can be made without invoking the surrender principle, and it has been suggested that if the variations are minor “it may be inferred that the parties did not intend a surrender.  In other cases, the alterations may be so numerous or fundamental that an intention to surrender and regrant will be inferred.  For surrender to occur in these circumstances it would not be necessary for other parties to appreciate the effect of the transaction; it would suffice that they intended to create a new relationship”. 14   

Why is this important? 

If a new lease is created by a variation it may then become a retail premises lease, whereas the prior lease may not have been. 

Practitioners should consider carefully the position where a lease is not subject to the Retail Leases Act, either because when it commenced a tenant was a public company or a subsidiary of a public company, or the lease was for more than a 15-year term.  If a variation of a lease is entered into when the tenant at the time is other than a public company, and the balance remaining in the term is less than 15 years, the lease may well become a retail premises lease. 

If so, the rights and entitlements of landlord and tenant will necessarily be altered.  The tenant’s position will be substantially improved.  Among other things, the tenant will not have to pay land tax and will have the benefit of the landlord covenants in section 52 of the Retail Leases Act requiring the landlord to maintain the structure of, fixtures in and the plant and equipment at, the premises in a condition consistent with the condition of the premises when the lease was entered into. 

As well the landlord must provide the tenant with a new disclosure statement.  The Small Business Commissioner in a guide has confirmed that a new disclosure statement is required when a retail premises lease is varied. 15  If the landlord does not so provide a disclosure statement then under section 17 of the Retail Leases Act, the tenant, no earlier than seven days and no later than 90 days after entering into the lease, can give the landlord written notice that the tenant has not been given the disclosure statement. If the tenant gives the notice, then the tenant may withhold payment of rent until given the disclosure statement; is not liable to pay rent for that period and can give a notice of termination “at any time before the end of seven days after the landlord gives the tenant a disclosure statement”.

Registered leases

In Victoria following an amendment to the Transfer of Land Act in 2014, a registered lease can be varied by a registrable instrument in an approved form. 

But in Victoria amendments cannot be made to the parties, or the term or the area of the registered lease. 16  

It follows that if a new area is to be added, a new registered lease must be entered into.  If the area is to be reduced then a partial surrender of the existing lease must be lodged. 

Alternatively, if the variation is not to be registered, a caveat can be lodged to give notice of it.

Now in Victoria by an amendment made to the Transfer of Land Act inserting section 87C, which became effective on 24 September 2014, if a registered mortgagee does not consent to the variation of a lease, that lease variation is not binding on the registered mortgagee or annuitant. 17  

So a landlord and tenant must obtain a mortgagee’s consent to any lease or variation of a lease, whether or not it is to be registered.   

If the landlord doesn’t do so it will almost certainly be in breach of its mortgage. 

If a lease which is granted while the premises are unencumbered is then surrendered and a new lease entered into, after the landlord has granted a mortgage, the mortgagee will not be bound by that new lease.  So the new lease will only be enforceable by the parties to it in equity. 

The celebrated case of the Commonwealth Bank of Australia v Figgins Holdings 18  is a very good illustration of a mortgagee not being bound by a variation of a lease by the landlord and tenant  (in that case varying the rent to $1.00) when the mortgagor/landlord was in default under the mortgage. 

While a mortgagee can now rely on section 87C, Lang at paragraph 17-050 suggests a mortgagee should:

  • “Include mortgage covenants prohibiting variation in lease terms during the continuance of the mortgage without the mortgagee’s consent and 
  • Add in any consent to a lease by the mortgagee that the consent is to the lease in that form and reiterating that the mortgagee’s consent is required to any subsequent variation of the lease.” 19

Despite a clause in a deed of guarantee that the guarantor of a lease will be bound by any variation to the lease, it would be prudent to have the guarantor acknowledge their continuing guarantee of the obligations of the tenant as so varied. 

If a variation of a lease is made by an assignee of a lease (new tenant) and the landlord and is so significant that the surrender principle applies, the landlord may lose any rights to sue the assignor (former tenant) unless the assignor (former tenant) has consented. 20     

Practitioners also need to be very careful when dealing with a transfer of lease which also includes variations and to consider whether those variations are of sufficient significance or detail to attract application of the surrender principle.  I note the Law Institute of Victoria form of Transfer of Lease does cater for variations of a lease at the same time as a transfer takes place.

The form of variation of a lease

A lease, even if made by deed, may be varied by an agreement which is not a deed 21  but prudence says it should be, and any mortgagee’s consent obtained either as a party to the deed or in a separate instrument.  The same applies to all interests registered before the variation. 

The variation should include a provision binding and benefitting successors and assigns of the landlord and the tenant. 

This is particularly important given the protection provided by section 42(2)(e) of the Transfer of Land Act .

The variation should also be expressed as supplemental to the lease so as to pick up section 58 of the Property Law Act 1958 which is as follows:

Provisions as to supplemental instruments 

“Any instrument (whether executed before or after the commencement of this Act) expressed to be supplemental to a previous instrument, shall, as far as may be, be read and have effect as if the supplemental instrument contained a full recital of the previous instrument, but this section shall not of itself operate to give any right to an abstract or production of any such previous instrument, and a purchaser may accept the same evidence that the previous instrument does not affect the title as if it had merely been mentioned in the supplemental instrument.” 

The wording of the variation is extremely important.  This is illustrated by the Price Brent case 22  noted by Lang as follows: 

“A firm of solicitors leased three floors of an office building in Melbourne.  Under the lease, the lessee was required to pay a share of the lessor’s operating expenses for each year of the lease.  The parties agreed to cut short the five year lease term by seven months and entered into a variation of lease to give effect to that agreement.  The variation operated from 30 June 1992 and said the lessee was to pay “the sum of $64,479 as a final contribution to outgoings (final outgoing contribution).  The lessee had not paid its share of the outgoings for the year ending January 1992.  The lessor sought payment of those accrued outgoings in addition to the sum of $64,479 which it said was solely for the outgoings that, but for the variation, would have been payable in the last seven months of the lease.  The lessor’s contentions were dismissed. It was held that, although accrued liabilities under a lease are not generally extinguished on a surrender, the phrase “final outgoings contribution” in the variation of lease was intended to cover not only future outgoings, but past outgoings also.” 23  

Precedents for variations are to be found in Lang and Redfern and Cassidy 24

A recent decision illustrating why the surrender principle is important

In Richmond Football Club Limited v Verraty Pty Ltd [2011] VCAT 2104 a lease was entered into prior to the introduction of the Retail Leases Act in 2003.  But in 2004 a variation was made making significant change to that lease.  The changes included reducing the rent, amending the rent review and bank guarantee provisions, introducing an obligation to pay GST and, importantly, extending the term of the lease by 10 years to 18 May 2018. 

The senior member of VCAT held that, after referring to Halsbury, the evidence disclosed the parties intended to change the leasing arrangements between them.  The member held that the substantial changes to the original lease operated at law to effect a surrender and a re-grant on substantially the same terms as the original lease as amended by the 2004 variation. 

The significance of this was that the lease then became subject to the Retail Leases Act 2003 and accordingly the Richmond Football Club was able to obtain an order for repayment of land tax that it had paid under a mistake and contrary to section 50 of the Retail Leases Act.  The member also referred to section 94 of the Retail Leases Act which he said operated to include provisions in the agreement. 

The case is recommended reading for lawyers in this area because the Counsel acting for the landlord raised just about every possible defence that could be raised to the football club’s claim.  The defences included estoppel (because the RFC had not sought to enforce new rights arising under the Retail Leases Act until December 2009 being more than six years after the 2004 variation. 

The member examined whether estoppel by convention would apply.  The member observed that where a transaction was found to be invalid for non-compliance with the provisions of the Retail Leases Act, that non-compliance cannot be circumvented by reliance upon the doctrine of promissory estoppel.  At paragraph 53 the member did not accept that RFC was estopped from relying upon the provisions in the Retail Leases Act. He did not find on the facts that RFC represented that it would not so rely. He considered that section 94 operated to negate a defence based on promissory estoppel, in circumstances where nothing more is done than execute a document which, on its face, contains provisions which are contrary to the Retail Leases Act.

Fortunately for the RFC the “re-granted lease” was for a term of less than 15 years and so a further defence raised by Counsel acting for the landlord that Ministerial Order S184 (which says certain leases for more than 15 years are not retail premises leases) applied to the circumstances was dismissed.

The landlord’s Counsel then raised unconscionable conduct and suggested there was good consideration for the payments and relied upon the Dog Depot decision 25   to elaborate on the latter point.  Counsel submitted that the landlord was entitled to compensation for lost land tax under a counter-restitutionary claim for use and occupation.  The member said however that it couldn’t be said that RFC has been unjustly enriched by not having to pay the landlord’s land tax in circumstances where it never had an obligation to do so. 

The last line of defence raised by the landlord’s Counsel was that the action brought by RFC, or at least part of it, was statute barred and he referred to the Limitation of Actions Act 1958.  Here Counsel was successful and the claim for money the landlord had received was statute barred insofar as it related to the first payment of land tax made on 1 April 2004 when the proceeding was filed in the Tribunal on 29 October 2010.  The final order was that the landlord was obliged to repay RFC $125,320 being money the landlord had received for land tax mistakenly paid after 29 October 2004.

A drafting suggestion

A possible way to address the issue may be to include wording like the following in a lease:

“If there is a variation of this lease the lease continues and the variation does not constitute a surrender of this lease and a regrant of a new lease.”

However, the concentration by the Senior VCAT Member in the RFC case referred to above on the intention of the parties perhaps means this clause may assist a defence argument that a variation should not be treated as a surrender and regrant.

Further, to assist with an estoppel argument, perhaps a further warranty or covenant by a tenant that it agrees that any variation of the lease will not be a surrender of the lease and a regrant of a new lease could also be included.

However if there are significant variations to a lease, like an extension of the term or an addition to the area of the premises, the nature of those variations may mean a court or tribunal would have difficulty in finding that the intention of the parties was not to surrender the lease and enter into a new lease, despite the warranty or a covenant.

So no guarantee is given by the author that the suggested wording above will be successful in subsequent proceedings.

  • Bradbrook, Croft & Hay, “Commercial Tenancy Law” 3rd Edition.
  • “Lang’s Commercial Leasing in Australia”.
  • Redfern & Cassidy “Australian Tenancy Practice & Precedents”.
  • WD Duncan, “Commercial Leases in Australia” 6th Edition.
  • Halsbury’s Laws of Australia, paragraphs 245-1620 and following.
  • “Leases and Mortgages – A Guide to Contemporary Issues in Property Law”, Leo Cusson Institute November 1997, Chapter 6 “The Protection of Leases in Victoria” at page 177 and following.
  • Halsbury’s Laws of Australia – 245 Leases and Tenancies, “Variation of Lease Terms” [245-1620] at 7/3/2016.
  • Jenkin R Lewis & Son Ltd v. Kerman [1970] 3 All E.R. 414 at 419.
  • Capolingua v Phylum Pty Ltd (1991) 5 WAR 137.
  • See the cases referred to in “Commercial Tenancy Law”, Bradbrook, Croft & Hay, 3rd Edition, page 510. Note the forbearance doesn’t alter the terms of the lease and also see Central London Property Trust Ltd v High Trees House Ltd    [1956] 1 ALL ER 256.
  • Centrepoint Custodians Pty Ltd v Lidgerwood Investments Pty Ltd [1990] VR 411.
  • O F Gamble Pty Ltd v Whitemore Pty Ltd (1989) 2 WAR 327.
  • See Halsbury above.
  • Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272.
  • “Lang’s Commercial Leasing in Australia” para 17-020.
  • “Australian Tenancy Practice and Precedents” [13 05].
  • (1967) 1 NSWR 683.
  • Referred to above – see footnote 2.
  • (2000) V ConvR 58-546.
  • See footnote 12 above.
  • See www.vsbc.vic.gov.au/faq.
  • Section 67A of the Transfer of Land Act.
  • Section 87C of the Transfer of Land Act.
  • (1994) ANZ Conv R 633.
  • Lang paragraph 17-050.
  • See CPT Custodian Pty Ltd v Ironbark Hills Pty Ltd [2011] QDC 4 where an extension of the term released the assignor from rent payments when the assignee defaulted.
  • Plymouth Corporation v Harvey (1971) 1 ALL ER 623 at 627.
  • National Mutual Life Association of Australia Ltd v Price Brent Services & Ors. [1995] VSC 277 (unreported).
  • Lang paragraph 17-100.
  • See footnotes 9 and 10 above.
  • Dog Depot Pty Ltd v. Ovidio Carrideo Nominees Pty Ltd [2003] VCAT 1990.

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Home / Land Registry Services / Forms & Guides

Land Registry Services

We’ve compiled a list of forms and guides for the most common requests we receive.

We understand that the processes for property transactions and dealings are unfamiliar to most people.

If you can’t find the information you need, please read our frequently asked questions , check the directory from our government partners at Land Use Victoria or contact us for support.

Searching a Land Title

Many of the processes outlined on this page require you to produce your land title in either paper or electronic format. If you don’t have the title details, you can do a Victorian land title search via LANDATA ® .

We're here to help

Our experienced team can assist by providing general lodging requirements for property transactions and dealings. Please note that we do not consult on legal matters and advice should be sought from an industry professional. We highly recommend you consult an Australian Legal Practitioner or Licensed Conveyancer when transacting on land.

Accessing forms

These forms are only accessible using Acrobat Reader. They will not work within a browser, or any other PDF viewer.

The best way to access and use the forms is to download a copy to your computer and open it using the latest version of Adobe Reader. The current version of Acrobat Reader can be accessed here .

If you’re having difficulty opening any of the documents, please check the troubleshooting section of our Frequently Asked Questions .

Section 74, Transfer of Land Act 1958 (Vic)

Purpose: To register a contract or agreement to secure the repayments of a loan (principal sum) given by the mortgagee to the mortgagor for an estate or interest in land. This form includes applications for the Mortgage of Land, Mortgage of Lease, Mortgage of a Sub-Lease.

Before lodging:  Prior to lodgement, the lodging party will need to have the Certificate(s) of Title or ensure that it has been provided to Land Use Victoria through the nomination process. Details for this process are outlined under our support for individuals .

For information about which party is required to sign, refer to page 7 of the   ARNECC design specification .

  • Form: Mortgage   This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Mortgage of Land
  • ARNECC National Mortgage
  • Changes to lodging Mortgages and Discharges of Mortgages
  • Memorandum of common provisions form
  • Dealing with titles

Section 45, Transfer of Land Act 1958 (Vic)

Purpose: To register transfers of land other than those: containing covenants (either: restrictive or created pursuant to statute); creating or reserving easements; and/or by a mortgagee or annuitant under Power of Sale. This includes adding a spouse or partner to your title.

Before lodging:  Prior to lodgement, please ensure the State Revenue Office has assessed all land transfers for stamp duty and arrange for the Certificate(s) of Title to be provided to Land Use Victoria through the nomination process. Details for these steps are outlined in our support for individuals .

  • Form: Transfer of Land This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Changing manner of holding
  • Guide: Transferring property between spouses or domestic partners
  • Guide: Considerations in Transfers
  • Buying or selling property

Purpose: To register a transfer of mortgage, charge or lease on the Victorian Land Registry.

  • Form: Transfer of Mortgage, Charge or Lease This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 

Section 84, Transfer of Land Act 1958 (Vic)

Purpose: To discharge a registered Mortgage or Charge when the mortgagor or chargor has satisfied the terms and conditions of the agreement. A Mortgage may be discharged as to the whole or part of the land in that Mortgage.

  • Form: Discharge of Mortgage  This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Discharge of Mortgage or Charge

Section 89, Transfer of Land Act 1958 (Vic)

Purpose: To add a caveat to a title on the Victorian Land Registry. A caveat is a document that any person with a legal interest in a property can lodge. After recording, a caveat note appears on the title giving prospective buyers notice that a third party might have rights over the property.

  • Form: Caveat This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Caveat
  • Guide: Grounds of claim for Caveat

Purpose: To withdraw a caveat entered on the Victorian Land Registry. A caveat is a document that any person with a legal interest in a property can lodge. After recording, a caveat note appears on the title giving anyone with interest notice that a third party claims rights over the property.

  • Form: Caveat Withdrawal This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Withdrawal of Caveat

Section 49, Transfer of Land Act 1958 (Vic)

Purpose: To register the Executor of a Will.

  • Form: Application by Legal Personal Representative This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Application by Legal Personal Representative
  • Statutory Declaration: APR

Section 50, Transfer of Land Act 1958 (Vic)

Purpose: To register the survivor/s of a joint proprietorship.

  • Form: Application by Surviving Proprietor This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Application by Surviving Proprietor
  • Statutory Declaration: ASP

Section 113(5), Transfer of Land Act 1958 (Vic)

Purpose: To amend the details of a registered proprietor. For example, to update personal information such as an address.

  • Form: Amendment or Alteration of Registered Proprietor’s Address This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 

Section 32, Transfer of Land Act 1958 (Vic)

Purpose: To create a new folio on the Register. For example, you can use this form to replace a damaged title.

  • Form: New Folio of the Register  This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Applying for a new Folio of the Register
  • Statutory Declaration: New name in Register

Section 77, Transfer of Land Act 1958 (Vic)

Purpose: To register transfers of land by a mortgagee or annuitant under Power of Sale.

  • Form: Transfer of Land by Mortgagee or Annuitant This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 
  • Guide: Transfer of Land by Mortgagee or Annuitant

Section 31, Transfer of Land Act 1958 (Vic)

Purpose: to obtain a new Certificate of Title after conducting exhaustive searches to locate the previous one. Use the ‘Statutory Declaration: Certificate of Title lost or destroyed’ form as supporting documentation for ‘New Certificate of Title’ in place of one lost or destroyed.

  • Form: Certificate of Title lost or destroyed This form requires Acrobat Reader to correctly function. Please right click and download this form to your computer and ensure you have the latest version of Acrobat Reader. Please right click on the file and open in Acrobat Reader. The current version of Acrobat Reader can be accessed here . 

Professionals lodging on behalf of a client

  • Guide: Replacing a lost or destroyed Certificate of Title (professionals)
  • Statutory Declaration (professionals)

Individuals lodging without professional representation

  • Guide: Replacing a lost or destroyed Certificate of Title (non-represented parties)
  • Statutory Declaration (non-represented parties)

Complete list of forms

Can’t find what you’re looking for?  Find more forms from our government partners at Land Use Victoria.

  • Caveat forms
  • Mortgage forms
  • Transfer of Land and Property forms
  • Deceased Estate forms
  • Priority Notices

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Once you've decided to lease a premises, use our checklist on retail lease agreements to ensure you know the right questions to ask before you sign.

Best-practice behaviour

When leasing a retail or commercial space:

  • Use the Victorian Small Business Commission's (VSBC) website as a resource.
  • Contact your industry association for any lease negotiation assistance.
  • Understand your and your landlord's obligations when you sign a lease.
  • Know the lease requirements, commercial or retail, including the Retail Leases Act 2003
  • Consult an adviser for any contract and legal questions you may have.
  • Find out about zoning, permits and building requirements for your premises.
  • Plan financial arrangements, payments, taxes and cash-flow.

How the VSBC can help with your lease?

A good starting point is VSBC, which offers support for both tenants and landlords. The VSBC website has information on:

  • assigning or ending a lease
  • compensation
  • maintenance and repairs
  • security deposits
  • leasing rights and responsibilities.

Your right to a 5-year lease

In line with section 21 of the Retail Leases Act 2003 , you're entitled to at least a 5-year lease. This includes the initial term, and any further term or terms provided for by any options for renewal.

What the landlord and tenant have to do

The tenant and landlord must follow certain steps for a transfer of the lease.

For a new retail lease, the landlord is legally required to give the tenant:

  • a written lease with matters agreed to and signed off by both parties
  • a copy of the proposed lease as soon as the lease negotiations start
  • a disclosure statement
  • the VSBC Information Brochure as soon as the lease negotiations start

For retail leases, the landlord must detail the outgoings the tenant has to pay.

VSBC has a copy of the landlord's disclosure statement that covers the types of outgoings the tenant may have to pay.

The Retail Leases Act 2003 covers the obligations for both the landlord and tenant. For example, the landlord must repair and maintain the premises in the same condition as at the start of the tenancy.

Fixing a lease dispute

1. try to fix it yourself.

Conflict and disputes between landlords and tenants are a fact of life. If you find yourself in a dispute, your first step should be to try to resolve the issue. Speak directly and politely with the other party, and try to negotiate so both parties will be satisfied with the outcome. If possible, aim for a win/win rather than a win/lose outcome. Visit our pages on resolving retail lease disputes for more information.

2. Contact the VSBC

If your first step fails, you should contact the VSBC which provides a speedy and low-cost dispute resolution process.

The VSBC aims to help you resolve a dispute before it becomes legal action by organising mediation sessions between tenants and landlords with independent mediators.

3. Contact the Victorian Civil and Administrative Tribunal

For a matter to proceed to the Victorian Civil and Administrative Tribunal (VCAT) , the VSBC must issue a certificate stating that mediation was tried and failed.

VCAT will conduct a formal hearing and make a determination. It can order a party who refuses to take part in VSBC mediation to pay the costs of the other party.

NSW Land Registry Services

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Transfer of lease, mortgage or charge

Form     01TL (PDF 150 KB)

Dealing type

TL  (transfer of lease or sublease)

TM  (transfer of mortgage or sub-mortgage)

TC  (transfer of charge)

Stamp duty -  required for a transfer of lease or sublease.

Any alteration to the consideration must be marked.

Not required for a transfer of mortgage, sub-mortgage, or charge.

Certificate of Title  - required for:

  • Transfer of a first Mortgage/Charge
  • the common property of a Strata scheme for a transfer of lease to the Owners Corporation
  • lot 1 in a Community Title scheme for a transfer of lease to the Association.

Not required for a transfer of a lease.

NOS form -  required for a transfer of a Crown land tenure Term Lease or a Crown land Real Property Act lease. Panels 1, 2, 3, 4 and 5 require completion. Ignore 3A and 4 if the transfer is not for value.

Not required for a transfer of a lease, mortgage or charge.

Standard form of Caveat  - prevents registration where the caveat is drawn against the lease, mortgage or charge.

Does not prevent registration where the caveat is drawn against the land.

Priority Notice noted on the Register  - see  Priority Notice  page.

Minister's consent may be required for transfer of a Crown land tenure Term Lease or Crown land Real Property Act lease. Where the Minister's consent is required to lease or mortgage, consent is also required to transfer that lease or mortgage. Where the transfer is pursuant to a court order and affects a perpetual leasehold title, the Minister must be notified.

The dealing must not include any reference to the transferor or transferee being a trustee, executor or administrator for another party.

A transfer of lease affecting an expired lease will only be registered where:

  • the expired lease is still recorded on the register;
  • the lease expired less than 12 months ago or
  • the lease contains a current first option to renew or
  • is within 12 months of expiry period or within a current first option to renew term, and is accompanied by a Variation of lease extending the term. 

A transfer of lease affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:

  • be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100]. Note The Transfer of Lease form 01TL cannot be registered in this instance or
  • an Old System search of the leasehold title and
  • their qualification
  • that he or she has inspected all deeds since the leasehold title was created to the present time
  • the registered Book and No. and type of all instruments inspected to show the leasehold title has not expired and
  • the registered Book and No. and type of all instruments to which the leasehold estate is subject.

A notification (code ULD): 'Devolution of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be lodged on a  Real Property Act form and do not require further evidence of devolution.

Refer to Legal through the Senior Examining Officer in both instances.

Examination requirements for a transfer of a sublease or sub-mortgage are the same as those for a transfer of lease or mortgage.

A transfer of more than one lease, mortgage or charge involving the same transferor (e.g. the same mortgagee) and transferee is a multiple instrument. See Fees page.

Suitably modified the form may be used to:

  • discharge a mortgage of a lease where the mortgagee has been recorded as the lessee and the interest of the mortgagor has been protected by a Registrar General's caveat ( registration requirements ); or
  • transfer a mortgage of lease (including a Crown Land lease) under power of sale ( registration requirements ).

(A) The registered number of the lease, mortgage or charge being transferred must be stated.

(B) The reference to title for the land affected by the lease, mortgage or charge must be stated. In the case of a transfer of lease affecting a lease folio, the number of the lease folio only must be stated.

A transfer of lease involving part of the land may be registered.  It is more common for a sub-lease to be lodged, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [550.100].

(D) The full name of the transferor must be stated and must be identical to the name of the registered proprietor of the lease, mortgage or charge as shown on the Register.

(E) The consideration is optional.

(F) A writ against the lease, mortgage or charge must be noted in the Encumbrances, or the Court must consent to the dealing, or the writ must be removed.

(G) The full name of the transferee must be stated.

For a transfer to the mortgagor, lessor or charger (annuitant) .

(H) Tenancy/shares must be stated where there is more than one lessee, mortgagee or chargee. Reference to the tenancy/shares will not be entered on the Register.

(I) The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

Where the dealing is a transfer of lease and the transferor or transferee is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23  (PDF 128 KB).  The following certificates are also required:

  • Strata Schemes Approved Form 13  (PDF 23 KB)   and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Where the transferor or transferee is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18  (PDF 20 KB). A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc. pages

(J) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.

Staff processing information

If in order proceed with registration except for the following.

Refer to SM99  Where the dealing involves the owners corporation of a strata scheme. 

Refer to SD52  Where a joint tenancy is severed.

Refer to SD31   A transfer

  • of a perpetual leasehold title pursuant to a court order.
  • of lease by National Parks and Wildlife, i.e. Kosciuszko leases
  • of a crown lease, e.g. a term Western Lands lease

Refer to SM98

  • Transfer of lease or sub-lease
  • Where notifications are recorded under a mortgage or charge that changes the ownership of the mortgage/charge or changes the name of the mortgagee/chargee.

Refer to SD2  A transfer: 

  • of lease affecting a title shown in the ITS lease list.
  • of a retirement village lease.  ( SD2  a transfer by an executor must be referred to Legal).

Refer to Legal through the Senior Examining Officer  A transfer of lease affecting a Book and No. lease accompanied by evidence of devolution of the lease.

Registration procedure

Transfer of lease

TRANSACTION  MOD

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease

SELECT  ‘Names’

CODE (name)     P, C or Q [name of all current lessees]

COPY & DELETE  (SEE [number of Transfer of lease])

SELECT ‘Lease Terms’

PREMISES DESCRIPTION    (See [dealing numbers of previous notifications that changed lessee] [number of transfer of lease]). [Premises description if any]

Note: Remove all previous dealings that changed lessee and add dealing numbers to the list of dealings in premises description, e.g. (See AA123456 AB456789 AC789123)

Transfer of crown lease

PRIME NO.    number of lease 

UCLT (Crown land lease - for NOS purposes)

ULTP (transfer of lease under power of sale)

CODE (name)    P, C or Q  [name of lessee or mortgagee; include all current lessees or mortgagees].

Transfer of a sub-lease 

TRANSACTION MOD

PRIME CODE    code of lease affected by the sub-lease as shown on the Register

PRIME NO.     number of lease 

SUB CODE code of sub-lease

SUB CODE NO. number of sub-lease

CODE (name)     P, C or Q [name of all current sub-lessees]

COPY & DELETE  (SEE [number of transfer of sub-lease])

PREMISES DESCRIPTION    (See [dealing numbers of previous notifications that changed sub-lessee] [number of transfer of sub-lease]). [Premises description if any]

Note: Remove all previous dealings that changed sub-lessee and add dealing numbers to the list of dealings in premises description, e.g. (See AA123456 AB456789 AC789123)

Transfer of a crown sub-lease

PRIME CODE    code of lease affected by the sublease or sub-mortgage as shown on the Register

ULT (sublease)

CODE (name)    P, C or Q  [name of lessee; include all current lessees]

click Cancel

AFFECTED NO.    number of sublease transferred.

Transfer of mortgage

PRIME CODE    code of mortgage as shown on the Register

PRIME NO.    number of mortgage

NEW PRIME CODE   M (where no mortgagee code exists)

MC etc (where a mortgagee code exists in ITS)

CODE (name)     P, C or Q where Prime Code M is selected  [name of all current mortgagees]

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee] [number of Transfer of Mortgage]).

Transfer of charge

TRANSACTION MOD

PRIME CODE    code of charge as shown on the Register

PRIME NO.     number of charge

CODE (name)     P, C or Q [name of all current chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee] [number of Transfer of Charge]).

Transfer of a sub-mortgage 

PRIME CODE    code of lease or mortgage affected by the sub-mortgage as shown on the Register

PRIME NO.     number of lease or mortgage

SUB CODE code of sub-mortgage

SUB CODE NO. number of sub-mortgage

CODE (name)    P, C or Q  [name of sub-mortgagee; include all current sub-mortgagees]

DETAILS  (See [dealing numbers of previous notifications that changed sub-mortgagee] [number of Transfer of Sub-Mortgage]).

Affecting a Book and No. lease with satisfactory evidence of devolution

ADD. TRANSACTION    UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease

SUB-CODE    ULD  (Devolution of Lease)

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Australia: Variation of Leases: Tips and Traps

Against a background of the High Court's imprimatur of the contractualisation of leases, a lease variation agreed by the parties could be viewed simply as a variation of contract.

However, as stated in Halsbury's "at common law an agreement to vary the terms of the lease was characterised, depending upon the circumstances, as either a collateral personnel agreement between the parties, or as a surrender of the existing lease and entry into a new lease which incorporated the terms as varied". 1

In an English decision in 1970, Russell LJ for the Court of Appeal said:

The rule was derived from estoppel principles and the parties' intention was considered irrelevant.

In a 1991 English decision the court said:

But even as far back as 1970 there was some disquiet about the rule. In the same case I referred to earlier Russell LJ considered a situation where parties to an existing lease wished to increase the rent without altering the land and he said:

"Viewing the matter apart from authority, it is difficult to see why the fiction of a new lease and a surrender by operation of law should be necessary in this case; for by simply increasing the amount of rent, and providing the additional rent shall be annexed to the reversion one is not altering the nature of the pre-existing item of property. Further, if one looks to convenience, it would be most unfortunate if in these days, when arrangements for increase of rent are so common that the increase should be taken to involve of necessity a legal fiction which, although in most cases it may do no harm, may in some cases have serious repercussions."

In this paper I will look at some of the repercussions of this surrender principle after examining what types of variations might constitute a surrender and re-grant and what types may not.

TYPES OF VARIATIONS AND WHETHER OR NOT THEY MIGHT CONSTITUTE A SURRENDER AND RE-GRANT

A main issue is whether the variation is so substantial, or deals with particular topics so that it will be deemed a surrender by operation of law of the existing lease and a new lease creation.

  • Variation of rent
  • A number of cases have established that where the rent is reduced it could be seen as a voluntary forbearance, or as the grant and acceptance of a new demise. 4
  • Whether this "surrender principle" applies may depend on the effect of the alteration.
  • If a rent review clause is included in a lease, there is no alteration to the terms of the lease and so if the rent is reviewed under the clause, the surrender principle cannot apply.
  • Correction of Errors or Omissions
  • A variation to correct an error or omission in the lease, will be a supplementary agreement only although material deleted by the supplementary agreement may be used to construe the remaining parts of the lease. 5
  • Term of Lease
  • An alteration of the duration of the lease, by increasing the lease term or adding further options for renewal, is contentious but cases establish that either will affect a surrender of the original lease and the re-grant of a new lease.
  • In a 1960 decision a supplemental deed extended a lease for 7 years to a lease for 11 years and the surrender principle was held to apply. And in a 1989 decision involving the inclusion of an option for renewal for a further term a Commissioner said:
  • "In my opinion, a demise with a covenant of renewal is an estate or interest in the land that is different from a demise containing no covenant of renewal, and this is so regardless of whether the covenant of renewal is in a form which provides for the enlargement of the existing term, or is in a form which provides for the grant of a new lease. I would therefore hold that the introduction into a lease by a deed of variation of an option of renewal works a surrender of the old lease by operation of law and a grant of new lease." 6
  • So as stated in Halsbury, "where the term of the lease is altered it is difficult to satisfy the court that there has been a mere variation." 7
  • The duration of the lease may be reduced but this will effect a surrender. 8

A CHANGE TO THE LEASED PREMISES

As Lang has pointed out there are 3 possible changes:

  • An addition to the existing premises;
  • A reduction of the existing premises;
  • Substitution of an entirely different premises, like on a relocation of a tenant within a shopping centre. 9

The Redfern and Cassidy text 10 says the position with (1) is not clear, while Lang says generally (1) and (3) involve the surrender principle.

As to (2), in Penny v Craber 11 , the leased premises were reduced (although only the grounds around the leased dwelling) and this was held not to be a surrender by operation of law. And in Jenkin R Lewis & Son Ltd v Kerman 12 the leased premises (and rent) were reduced without constituting a surrender.

So the safest course would seem to be that any addition to the area of the premises will bring in the surrender principle.

OTHER CHANGES AND CHANGES TO COVENANTS

It has been accepted that an assignment can alter the identity of the parties and therefore the surrender principle doesn't apply.

In the Happy Century Pty Ltd v Nezville Pty Ltd decision 13 a landlord purported by re-entry to forfeit a lease, and in the subsequent VCAT proceedings a deed of settlement was entered into which restored the lease and varied its terms. This was treated as a mere variation of the lease without a surrender because the Deputy President found, at paragraph 31:

The Deputy President placed reliance on the fact that there was no variation to the term of the lease and that a provision making Happy Century Pty Ltd provide an additional security deposit by way of bank guarantee, when viewed against the totality of the obligations constituted by the lease, was "relatively trivial".

In a recent situation in which a client landlord of mine was involved, a tenant had, without the landlord's consent or knowledge, applied for and obtained a liquor licence for the premises. I took the view that the lease needed to be amended by including provisions to deal with that. I treated the matter as involving the surrender principle.

Other issues which practitioners may need to consider include agreements about removal of fixtures, internal alterations of works, adding a guarantor or bank guarantee or security deposit provision or altering them on a transfer of lease.

Also, and very current after Justice Garde's VCAT's opinion, practitioners might need to consider the position if a lease is amended to make clear the landlord's and the tenant's responsibilities for essential safety measures.

So as a general overview, some variations can be made without invoking the surrender principle, and it has been suggested that if the variations are minor "it may be inferred that the parties did not intend a surrender. In other cases, the alterations may be so numerous or fundamental that an intention to surrender and regrant will be inferred. For surrender to occur in these circumstances it would not be necessary for other parties to appreciate the effect of the transaction; it would suffice that they intended to create a new relationship". 14

Why is this important?

If a new lease is created by a variation it may then become a retail premises lease, whereas the prior lease may not have been.

Practitioners should consider carefully the position where a lease is not subject to the Retail Leases Act, either because when it commenced a tenant was a public company or a subsidiary of a public company, or the lease was for more than a 15 year term. If a variation of lease is entered into when the tenant at the time is other than a public company, and the balance remaining in the term is less than 15 years, the lease may well become a retail premises lease.

If so, the rights and entitlements of landlord and tenant will necessarily be altered. The tenant's position will be substantially improved. Among other things, the tenant will not have to pay land tax and will have the benefit of the landlord covenants in section 52 of the Retail Leases Act requiring the landlord to maintain the structure of, fixtures in and the plant and equipment at, the premises in a condition consistent with the condition of the premises when the lease was entered into.

As well the landlord must provide the tenant with a new disclosure statement. The Small Business Commissioner in a guide has confirmed that a new disclosure statement is required when a retail premises lease is varied. 15 If the landlord does not so provide a disclosure statement then under section 17 of the Retail Leases Act, the tenant, no earlier than 7 days and no later than 90 days after entering into the lease, can give the landlord written notice that the tenant has not been given the disclosure statement. If the tenant gives the notice, then the tenant may withhold payment of rent until given the disclosure statement; is not liable to pay rent for that period and can give a notice of termination "at any time before the end of 7 days after the landlord gives the tenant a disclosure statement".

REGISTERED LEASES

In Victoria following an amendment to the Transfer of Land Act in 2014, a registered lease can be varied by a registrable instrument in an approved form.

But in Victoria amendments cannot be made to the parties, or the term or the area of the registered lease. 16

It follows that if a new area is to be added, a new registered lease must be entered into. If the area is to be reduced then a partial surrender of the existing lease must be lodged.

Alternatively if the variation is not to be registered, a caveat can be lodged to give notice of it.

POSITION OF A MORTGAGEE UPON VARIATION OF A REGISTERED LEASE

Now in Victoria by an amendment made to the Transfer of Land Act inserting section 87C, which became effective on 24 September 2014, if a registered mortgagee does not consent to the variation of a lease, that lease variation is not binding on the registered mortgagee or annuitant. 17

So a landlord and tenant must obtain a mortgagee's consent to any lease or variation of a lease, whether or not it is to be registered.

If the landlord doesn't do so it will almost certainly be in breach of its mortgage.

If a lease which is granted while the premises are unencumbered is then surrendered and a new lease entered into, after the landlord has granted a mortgage, the mortgagee will not be bound by that new lease. So the new lease will only be enforceable by the parties to it in equity.

The celebrated case of the Commonwealth Bank of Australia v Figgins Holdings 18 is a very good illustration of a mortgagee not being bound by a variation of a lease by the landlord and tenant (in that case varying the rent to $1.00) when the mortgagor/landlord was in default under the mortgage.

While a mortgagee can now rely on section 87C, Lang at paragraph 17-050 suggests a mortgagee should:

  • "Include mortgage covenants prohibiting variation in lease terms during the continuance of the mortgage without the mortgagee's consent; and
  • Add in any consent to a lease by the mortgagee that the consent is to the lease in that form and reiterating that the mortgagee's consent is required to any subsequent variation of the lease." 19

Despite a clause in a deed of guarantee that the guarantor of a lease will be bound by any variation to the lease, it would be prudent to have the guarantor acknowledge their continuing guarantee of the obligations of the tenant as so varied.

POSITION OF AN ASSIGNOR AS "GUARANTOR" OF THE ASSIGNEE'S PAYMENT OF RENT AND OBSERVATION OF THE LEASE COVENANTS

If a variation of a lease is made by an assignee of a lease (new tenant) and the landlord, and is so significant that the surrender principle applies, the landlord may lose any rights to sue the assignor (former tenant) unless the assignor (former tenant) has consented. 20

Practitioners also need to be very careful when dealing with a transfer of lease which also includes variations and to consider whether those variations are of sufficient significance or detail to attract application of the surrender principle. I note the Law Institute of Victoria form of Transfer of Lease does cater for variations of a lease at the same time as a transfer takes place.

THE FORM OF VARIATION OF A LEASE

A lease, even if made by deed, may be varied by an agreement which is not a deed 21 but prudence says it should be, and any mortgagee's consent obtained either as a party to the deed or in a separate instrument. The same applies to all interests registered before the variation.

The variation should include a provision binding and benefitting successors and assigns of the landlord and the tenant.

This is particularly important given the protection provided by section 42(2)(e) of the Transfer of Land Act.

The variation should also be expressed as supplemental to the lease so as to pick up section 58 of the Property Law Act 1958 which is as follows:

Provisions as to supplemental instruments

The wording of the variation is extremely important. This is illustrated by the Price Brent case22 noted by Lang as follows:

Precedents for variations are to be found in Lang and Redfern and Cassidy 24

A RECENT DECISION ILLUSTRATING WHY THE SURRENDER PRINCIPLE IS IMPORTANT

In Richmond Football Club Limited v Verraty Pty Ltd [2011] VCAT 2104 a lease was entered into prior to the introduction of the Retail Leases Act in 2003. But in 2004 a variation was made making significant change to that lease. The changes included reducing the rent, amending the rent review and bank guarantee provisions, introducing an obligation to pay GST and, importantly, extending the term of the lease by 10 years to 18 May 2018.

The senior member of VCAT held that, after referring to Halsbury, the evidence disclosed the parties intended to change the leasing arrangements between them. The member held that the substantial changes to the original lease operated at law to effect a surrender and a re-grant on substantially the same terms as the original lease as amended by the 2004 variation.

The significance of this was that the lease then became subject to the Retail Leases Act 2003 and accordingly the Richmond Football Club was able to obtain an order for repayment of land tax that it had paid under a mistake and contrary to section 50 of the Retail Leases Act. The member also referred to section 94 of the Retail Leases Act which he said operated to include provisions in the agreement.

The case is recommended reading for lawyers in this area because the Counsel acting for the landlord raised just about every possible defence that could be raised to the football club's claim. The defences included estoppel (because the RFC had not sought to enforce new rights arising under the Retail Leases Act until December 2009 being more than 6 years after the 2004 variation.

The member examined whether estoppel by convention would apply. The member observed that where a transaction was found to be invalid for non-compliance with the provisions of the Retail Leases Act, that non-compliance cannot be circumvented by reliance upon the doctrine of promissory estoppel. At paragraph 53 the member did not accept that RFC was estopped from relying upon the provisions in the Retail Leases Act. He did not find on the facts that RFC represented that it would not so rely. He considered that section 94 operated to negate a defence based on promissory estoppel, in circumstances where nothing more is done than execute a document which, on its face, contains provisions which are contrary to the Retail Leases Act.

Fortunately for the RFC the "re-granted lease" was for a term of less than 15 years and so a further defence raised by Counsel acting for the landlord that Ministerial Order S184 (which says certain leases for more than 15 years are not retail premises leases) applied to the circumstances was dismissed.

The landlord's Counsel then raised unconscionable conduct and suggested there was good consideration for the payments and relied upon the Dog Depot decision 25 to elaborate on the latter point. Counsel submitted that the landlord was entitled to compensation for lost land tax under a counter-restitutionary claim for use and occupation. The member said however that it couldn't be said that RFC has been unjustly enriched by not having to pay the landlord's land tax in circumstances where it never had an obligation to do so.

The last line of defence raised by the landlord's Counsel was that the action brought by RFC, or at least part of it, was statute barred and he referred to the Limitation of Actions Act 1958. Here Counsel was successful and the claim for money the landlord had received was statute barred insofar as it related to the first payment of land tax made on 1 April 2004 when the proceeding was filed in the Tribunal on 29 October 2010. The final order was that the landlord was obliged to repay RFC $125,320 being money the landlord had received for land tax mistakenly paid after 29 October 2004.

A DRAFTING SUGGESTION

A possible way to address the issue may be to include wording like the following in a lease:

"If there is a variation of this lease the lease continues and the variation does not constitute a surrender of this lease and a regrant of a new lease."

However, the concentration by the Senior VCAT Member in the RFC case referred to above on the intention of the parties perhaps means this clause may assist a defence argument that a variation should not be treated as a surrender and regrant.

Further, to assist with an estoppel argument, perhaps a further warranty or covenant by a tenant that it agrees that any variation of the lease will not be a surrender of the lease and a regrant of a new lease could also be included.

However if there are significant variations to a lease, like an extension of the term or an addition to the area of the premises, the nature of those variations may mean a court or tribunal would have difficulty in finding that the intention of the parties was not to surrender the lease and enter into a new lease, despite the warranty or a covenant.

So no guarantee is given by the author that the suggested wording above will be successful in subsequent proceedings.

  • Bradbrook, Croft & Hay, "Commercial Tenancy Law" 3rd Edition.
  • "Lang's Commercial Leasing in Australia".
  • Redfern & Cassidy "Australian Tenancy Practice & Precedents".
  • WD Duncan, "Commercial Leases in Australia" 6th Edition.
  • Halsbury's Laws of Australia, paragraphs 245-1620 and following.
  • "Leases and Mortgages – A Guide to Contemporary Issues in Property Law", Leo Cusson Institute November 1997, Chapter 6 "The Protection of Leases in Victoria" at page 177 and following.

1 Halsbury's Laws of Australia – 245 Leases and Tenancies, "Variation of Lease Terms" [245-1620] at 7/3/2016.

2 Jenkin R Lewis & Son Ltd v. Kerman [1970] 3 All E.R. 414 at 419.

3 Capolingua v Phylum Pty Ltd (1991) 5 WAR 137.

4 See the cases referred to in "Commercial Tenancy Law", Bradbrook, Croft & Hay, 3rd Edition, page 510. Note the forbearance doesn't alter the terms of the lease and also see Central London Property Trust Ltd v High Trees House Ltd [1956] 1 ALL ER 256.

5 Centrepoint Custodians Pty Ltd v Lidgerwood Investments Pty Ltd [1990] VR 411.

6 O F Gamble Pty Ltd v Whitemore Pty Ltd (1989) 2 WAR 327.

7 See Halsbury above.

8Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272.

9 "Lang's Commercial Leasing in Australia" para 17-020.

10 "Australian Tenancy Practice and Precedents" [13 05].

11 (1967) 1 NSWR 683.

12 Referred to above – see footnote 2.

13 (2000) V ConvR 58-546.

14 See footnote 12 above.

15 See www.vsbc.vic.gov.au/faq.

16 Section 67A of the Transfer of Land Act.

17 Section 87C of the Transfer of Land Act.

18 (1994) ANZ Conv R 633.

19 Lang paragraph 17-050.

20 See CPT Custodian Pty Ltd v Ironbark Hills Pty Ltd [2011] QDC 4 where an extension of the term released the assignor from rent payments when the assignee defaulted.

21 Plymouth Corporation v Harvey (1971) 1 ALL ER 623 at 627.

22 National Mutual Life Association of Australia Ltd v Price Brent Services & Ors. [1995] VSC 277 (unreported).

23 Lang paragraph 17-100.

24 See footnotes 9 and 10 above.

25 Dog Depot Pty Ltd v. Ovidio Carrideo Nominees Pty Ltd [2003] VCAT 1990.

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Consumer Affairs Victoria

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Leaving a rental property early or without notice (breaking the lease)

If a renter leaves the property, room or site before their rental agreement ends or leaves without giving notice, they might be breaking their rental agreement. This used to be called breaking the lease.

If the rental provider (landlord) has to cover costs because the renter broke the rental agreement, the renter will usually have to pay them back. These costs might include remaining rent, advertising fees or fees to re-let the property. These are known as ‘lease-break fees’.

However, in some situations, the renter can leave before the end of the agreement without having to pay costs.

If you are experiencing family violence, you can apply to VCAT to end the rental agreement .

On this page:

  • What it means to break a rental agreement

Reasons a renter can end an agreement early without paying costs

  • Costs for breaking an agreement

Costs a renter doesn’t have to pay

Disputing costs, leaving early because of hardship, forms you might need.

Or, you can find information about how renters can tell a rental provider they want to leave by giving notice of intention to vacate , or how a rental provider can tell a renter they would like them to leave by giving them notice to vacate on other pages.

What it means to break a rental agreement (lease)

Breaking a rental agreement (breaking a lease) happens when a renter or resident leaves the property:

  • without giving notice
  • before the end of the rental agreement.

There are some reasons a renter can leave early without breaking the agreement and without having to pay costs. These reasons only apply to renters of residential properties and not to residents of rooming houses or caravan parks.

The renter must still tell the rental provider they are leaving by using the proper form and they must give the minimum amount of notice.

*Note: This notice of intention to vacate has documentary evidence requirements. This means that the renter must supply evidence demonstrating the special circumstances that require them to vacate the rented premises.

There are also some reasons a renter can leave early without breaking the agreement and may not have to pay costs . These reasons only apply to renters of residential properties and not to residents of rooming houses or caravan parks.

Residents of residential parks can leave early if they need special and personal care, are moving into social housing or need temporary crisis accommodation. However, they may still have to pay costs.

Renters or residents should use one of these forms to tell the rental provider they will be leaving:

  • Notice of intention to vacate rented premises by renter (Word, 108KB)
  • Notice to owner of caravan or caravan park (Word, 728KB)
  • Notice to part 4A site owner (Word, 741KB)
  • Notice of intention to vacate room (Word, 71.5KB)

Costs for breaking an agreement (lease)

Renters do not have to pay a penalty for breaking the agreement, but they do have to cover certain costs so the rental provider doesn’t lose money when the agreement is broken.

A rental agreement may include fees for breaking the agreement. If there are fees listed, the agreement must indicate the reason for the fees.

The costs a renter has to pay depend on the kind of rental agreement and the costs the rental provider has paid.

Costs for lost rent

The rental provider may be able to seek payment from the renter when they leave a property early. VCAT will decide how much the renter should pay and make a compensation order.

For fixed-term agreements that are longer than 5 years, VCAT cannot order the compensation of more than one month’s rent for every 12 months remaining on the agreement. For example, if there are 3 years left on the agreement, the rental provider can ask for 3 months’ worth of rent. They can never ask for more than 6 months’ rent.

However, if the rental provider rents the property to someone else, the renter who broke the agreement does not have to pay rent after the property is re-let. The rental provider must do everything they can to re-let the property or room quickly.

If a renter thinks they were paying rent while the property was re-let, they can apply to VCAT to get their money back. VCAT resolves disputes and makes decisions.

Costs for advertising

The renter may have to cover any reasonable costs that the rental provider or agent has paid to re-advertise the property.

Reasonable costs means costs that most people would think are fair. The law does not define exactly what reasonable costs are, so if people cannot agree what is reasonable, they can apply to VCAT to make the decision for them.

Costs for re-letting fees

Most real estate agents charge rental providers a fee to find a new renter for their property after the old renter leaves. This is called a re-letting fee.

A renter who has broken the agreement may be asked to pay the re-letting fee if the rental provider uses an agent.

The amount they have to pay usually depends on how much of the agreement is left. The renter has to pay the same proportion of the fee as the proportion of time left on the agreement. For example, if the re-letting fee is $500 and there are 6 months of a 12-month agreement left, the renter would have to pay half the fee ($250).

Details about the re-letting fee are often in the rental agreement or information given to the renter at the start of the rental.

Renters don’t have to pay:

  • a penalty for breaking the agreement – they just need to cover costs the rental provider has to pay
  • rent when there is a new renter in the property
  • advertising fees when the property was not advertised
  • re-letting fees if the property is rented directly with the owner and not through a real estate agent.

If a renter thinks costs are too high

If a renter thinks they have been charged too much money for breaking the agreement, they should try to negotiate with the rental provider or agent.

If the negotiations don’t succeed, the renter can apply to VCAT to decide whether the charges are fair or not.

If a renter refuses to pay costs

A rental provider can apply to VCAT to order a renter who has broken an agreement to pay costs. VCAT will work out how much the renter has to pay.

If a renter is experiencing difficulties, they can apply to VCAT to break an agreement without having to pay any costs. These difficulties are called severe hardship. They might include loss of income, a serious medical condition, or a family tragedy.

If a rental provider has applied to VCAT for compensation because a renter has left early, VCAT must consider whether the renter would have experienced severe hardship if the agreement had continued.

To give notice of intention to vacate, use one of these forms:

  • Notice of intention to vacate rented premises by renter (Word, 108KB)
  • Notice of intention to vacate room (Word, 71.5KB)  

Sections of the Act

If you want to know what the law says about breaking a rental agreement, you can read these sections of the Residential Tenancies Act 1997 :

  • Part 2 – Subdivision 4 – Notice of abandonment by renter
  • Section 211A – Further matters to be considered by Tribunal

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  4. FREE 49+ Lease Agreement Formats & Templates in PDF

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  5. Transfer of lease to new owner form: Fill out & sign online

    transfer of lease form victoria

  6. Apartment Lease Transfer Agreement Template

    transfer of lease form victoria

COMMENTS

  1. Transferring a rental agreement (lease)

    There is no standard form for asking a rental provider to transfer a rental agreement, or for one renter to transfer the agreement to another renter. The rental provider must give their consent to transfer the rental agreement, unless there is a good reason to refuse.

  2. Lease transfers and subletting

    The law allows you to transfer, or 'assign', your rental agreement (lease), or your part of your rental agreement, to someone else. However, you must first get either the rental provider's (landlord's) written consent [section 81] or an order from the Victorian Civil and Administrative Tribunal (VCAT) [section 82].

  3. Fees, guides and forms

    About electronic lodgment Verification of identity Troubleshooting paper forms 2023-24 fees 2022-23 fees Select an act This directory shows all land registration fees, guides, forms, and what can be lodged electronically.

  4. Transfer of a retail lease premises

    The current tenant's request for a transfer of the lease must be in writing. It must also include information about the financial resources and business experience of the proposed tenant. To request consent from a landlord to transfer the lease:

  5. REIV

    FREE FORMS ON OTHER WEBSITES . VICTORIA SMALL BUSINESS COMMISSION - Accurate lease information. Schedule 1: Non-shopping centre retail premises. Schedule 2: Shopping centre retail premises. Schedule 3: Renewal of a lease. Schedule 4: Assignment of a lease with an ongoing business. ACCESS FORMS . CONSUMER AFFAIRS VICTORIA

  6. Residential rental agreements

    Listen A rental agreement used to be called a lease or a residential tenancy agreement. It is a contract between the renter (tenant) and rental provider (landlord). There are 3 types of rental agreements for residential properties such as houses, units and apartments.

  7. Rental agreements (leases)

    This is the template form for all properties rented out from 29 March 2021, when new rental laws started. It is against the law for a rental provider, or their agent, to prepare a written rental agreement that is not on Consumer Affairs Victoria's form.

  8. Starting and changing rental agreements

    Your rights and responsibilities Menu options for Consumer Affairs Victoria. Housing. Renting, buying and selling property, building and renovating, owners corporations, retirement villages ... Forms and publications, legislation, languages, scams, Koori, and disability resources, advice in a disaster ... (lease) People moving in and out People ...

  9. Leases, grants and transfers

    Home Leases, grants and transfers Leases, grants and transfers Duty is to be paid on certain grants, transfers, assignments and surrenders of leases of land. Request a private ruling Lodge and pay duty under the lease provisions

  10. Assignment of Lease Form (Australia)

    A Lease Assignment is used by a tenant to transfer their remaining lease rights and obligations to a new tenant. Create your assignment quickly and easily for free. ... Victoria (VIC) Western Australia (WA) LawDepot's online Lease Assignment form allows you to customise: Party information (assignor, assignee, and landlord details)

  11. Ending your lease

    If you have a fixed term agreement and any of the matters in the below list apply to you, you will be able to end your agreement with 14 days' notice even if the vacate date you give is before the end of your fixed term. See the section headed 'Notice before the end of a rental agreement' on this page.

  12. elawforms

    Law Institute of Victoria - Property. Purchase the Contract and Vendor Statement s32 together as a combo and receive a discount. Single purchase only. Just add the Vendor Statement s32 to cart before or during checkout. Significant users may purchase unlimited 6 month licences online.

  13. How to Perform a Lease Transfer in Melbourne

    When transferring a lease agreement to a new renter, the new renter's name will be put in place of your own for the next tenancy period after the agreed date of your evacuation. Note that before transferring your tenancy lease agreement, your rental provider's consent is optimal. In the absence of that, the agreement will not stand.

  14. Transfer of tenancy document

    Existing Agreement Details Landlord/s (names/s): Tenant/s (names/s): Premises (address): Total rent ($ per week): Start date (day, month, year): Original Term (years/months/weeks): Transfer Details Transfer date (day, month, year): Transferor/s (name/s, sign and date) (outgoing tenant/s): Transferee/s (name/s, sign and date) (incoming tenant/s):

  15. PDF Residential tenancy agreement

    This form is your written record of your tenancy agreement. This is a binding contract under the Residential Tenancies ... If you need advice on your rights and responsibilities, please call the Consumer Affairs Victoria Helpline on 1300 55 81 81 before signing the Agreement. In the Agreement you can consent to the electronic service

  16. Variation of Leases: Tips and Traps

    I note the Law Institute of Victoria form of Transfer of Lease does cater for variations of a lease at the same time as a transfer takes place. The form of variation of a lease. A lease, even if made by deed, may be varied by an agreement which is not a deed 21 but prudence says it should be, and any mortgagee's consent obtained either as a ...

  17. Changing renters' names on the bond

    Online When all renters have email addresses, the transfer can be completed electronically through RTBA Online. Follow the property manager guide to transferring renters. By post We recommend renters create email addresses if they do not have them as transferring names online is faster than by post. To use a paper form:

  18. Forms & Guides

    Transfer of Mortgage, Charge or Lease Discharge of Mortgage Caveat Withdrawal of Caveat Application by Legal Personal Representative Application by Surviving Proprietor Amendment or Alteration of Registered Proprietor's Address New Folio of the Register Transfer of Land by Mortgagee or Annuitant

  19. Leasing Law

    Address Level 13, 140 William Street Melbourne VIC 3000 Post GPO Box 263 Melbourne VIC 3001 Phone +61 3 9607 9311. Email [email protected]

  20. Lease a business premises

    Visit the Victorian Small Business Commission website for information on commercial premises. Your right to a 5-year lease In line with section 21 of the Retail Leases Act 2003, you're entitled to at least a 5-year lease. This includes the initial term, and any further term or terms provided for by any options for renewal.

  21. Transfer of lease, mortgage or charge

    the transfer of lease is dated before the expiry date of the lease and: the lease expired less than 12 months ago or the lease contains a current first option to renew or is within 12 months of expiry period or within a current first option to renew term, and is accompanied by a Variation of lease extending the term.

  22. Australia: Variation of Leases: Tips and Traps

    I note the Law Institute of Victoria form of Transfer of Lease does cater for variations of a lease at the same time as a transfer takes place. THE FORM OF VARIATION OF A LEASE. A lease, even if made by deed, may be varied by an agreement which is not a deed 21 but prudence says it should be, and any mortgagee's consent obtained either as a ...

  23. Leaving a rental property early or without notice (breaking the lease

    Breaking a rental agreement (breaking a lease) happens when a renter or resident leaves the property: without giving notice before the end of the rental agreement. Reasons a renter can end an agreement early without paying costs There are some reasons a renter can leave early without breaking the agreement and without having to pay costs.

  24. Snowy Hydro Corporatisation Act 1997 No 99

    or the State of Victoria. (9) The Snowy park lease may be granted despite section 153A of the NPW Act. 37A Lease, licence etc under NPW Act for Snowy 2.0 project (1) The power to grant one or more leases, licences, easements or rights of way under Part 12 of the NPW Act over the Kosciuszko National Park or any other land reserved or