Leasing & Commercial Tenancies

At Whelan Lawyers, we understand that leases are more than just paperwork, they’re the framework for how your business occupies space, operates day-to-day, and manages risk.

Whether you're a landlord, tenant, franchisor, franchisee or commercial property manager, lease terms can significantly affect your bottom line. That’s why we focus on providing commercially astute legal advice for retail and commercial leasing matters across Victoria.

We regularly assist clients with:

Negotiating and drafting commercial and retail leases
Lease assignments, subleases, and renewals
Retail lease compliance under the
Disputes between landlords and tenants
Franchise site leasing
Exit and make-good obligations
Lease due diligence for business acquisitions
Dispute resolution and litigation relating to lease breaches

Acting for Both Sides of the Lease Table

We act for both landlords and tenants and understand the unique challenges each face. Our advice is practical, risk-aware, and always aligned with your broader commercial objectives, whether you're securing your first site or managing a national portfolio.

Who We Help

Our clients span a wide range of industries and business types, including:

Franchisors
Franchisee
Cafés and hospitality businesses
restaurants
Hotels
Retailers
Childcare centres
medical clinics
Professional service firms
Property developers and landlords
warehouses and commercial spaces

Why Leasing Law Matters

Poorly drafted leases can lead to costly disputes, limit business flexibility, or create exit barriers. We help you avoid those pitfalls with clear, commercially sound lease terms and back you if things go wrong.

Need Leasing Advice?

Whether you're negotiating a new lease, facing a dispute, or looking to restructure your leasing arrangements, Whelan Lawyers can help. Contact our experienced leasing team today, before you sign anything.

Frequently Asked Questions

What’s the difference between a retail lease and a commercial lease in Victoria?

Retail leases are governed by the Retail Leases Act 2003 (Vic) and generally apply to premises used wholly or predominantly for the sale or hire of goods or services to the public. Commercial leases fall outside this Act and are subject to general contract law principles. We’ll help you determine which applies and ensure compliance.

What should I watch out for before signing a lease?

Key areas include rent review clauses, make-good obligations, permitted use, options to renew, and whether the landlord can relocate or terminate early. Our checklist and legal review process identify hidden risks that could affect your operations.

Can I get out of a lease early?

This depends on the terms of your lease. We assist tenants in negotiating early exits, subleases or assignments, and can help you understand any penalties, break fees, or risks.

What happens if there's a lease dispute?

We offer practical advice on how to resolve disputes without escalating to litigation. Where needed, we represent clients in VCAT, the Supreme Court of Victoria, or in negotiated outcomes. Early legal advice can often help you resolve matters efficiently and cost-effectively.