Victorian Current Acts

RETAIL LEASES ACT 2003 - SECT 52

    (1)     A retail premises lease is taken to provide as set out in this section.

S. 52(2) amended by No. 82/2005 s. 25(1).

    (2)     The landlord is responsible for maintaining in a condition consistent with the condition of the premises when the retail premises lease was entered into—

S. 52(2)(a) amended by No. 82/2005 s. 25(2)(a).

        (a)     the structure of, and fixtures in, the retail premises; and

S. 52(2)(b) amended by No. 82/2005 s. 25(2)(b).

        (b)     plant and equipment at the retail premises; and

S. 52(2)(c) amended by No. 82/2005 s. 25(2)(c).

        (c)     the appliances, fittings and fixtures provided under the lease by the landlord relating to the gas, electricity, water, drainage or other services.

S. 52(3) amended by No. 82/2005 s. 25(3).

    (3)     However, the landlord is not responsible for maintaining those things if—

        (a)     the need for the repair arises out of misuse by the tenant; or

        (b)     the tenant is entitled or required to remove the thing at the end of the lease.

S. 52(4) amended by No. 82/2005 s. 25(4).

    (4)     The tenant may arrange for urgent repairs (for which the landlord is responsible under this section or under the terms and conditions of the lease) to be carried out to those things if—

        (a)     the repairs are necessary to fix or remedy a fault or damage that has or causes a substantial effect on or to the tenant's business at the premises; and

        (b)     the tenant is unable to get the landlord or the landlord's agent to carry out the repairs despite having taken reasonable steps to arrange for the landlord or agent to do so.

    (5)     If the tenant carries out those repairs—

        (a)     the tenant must give the landlord written notice of the repairs and the cost within 14 days after the repairs are carried out; and

S. 52(5)(b) amended by No. 82/2005 s. 25(5).

        (b)     the landlord is liable to reimburse the tenant for the reasonable cost of the repairs and may not recover that cost or any part of it as an outgoing.

Note to s. 52(5) inserted by No. 82/2005 s. 25(6).

Note

Section 39 regulates the ability of the landlord to recover outgoings (including the cost of repairs). Section 41 provides that capital costs are not recoverable from a tenant.

S. 52(6) inserted by No. 26/2020 s. 7.

    (6)     The tenant may agree with the landlord to carry out, or cause to be carried out, repairs or maintenance work in respect of an essential safety measure on behalf of the landlord.

S. 52(7) inserted by No. 26/2020 s. 7.

    (7)     If the tenant carries out, or causes to be carried out, any work or thing in respect of an essential safety measure on behalf of the landlord, that work or thing done does not affect any obligation of the landlord as an owner of the building to comply with any requirement under the Building Act 1993 or regulations made under that Act.

S. 52(8) inserted by No. 26/2020 s. 7.

    (8)     This section does not limit any obligation of a tenant under a retail premises lease to contribute to outgoings for repairs or maintenance work in respect of an essential safety measure.

Part 6—Refurbishment, relocation and other interferences with tenancy

Division 1—Refurbishment, relocation etc.