Reminder to use New Form Disclosure Statements

We are still, from time to time, seeing outdated Disclosure Statements being used.

The new Retail Leases Regulations 2013 (Vic), which applies to retail premises leases, came into operation on 22 April 2013. Amongst other things the regulations prescribe the new form of Disclosure Statements.

There are now 4 different forms of Disclosure Statement, and landlords (and assigning tenants) must ensure they use the appropriate one:

  • Landlord’s Disclosure Statement—Retail Premises not located in Retail Shopping Centres
  • Landlord’s Disclosure Statement—Retail Premises located in Retail Shopping Centres
  • Landlord’s Disclosure Statement on Renewal of Lease
  • Disclosure Statement—Assigned Lease Where Ongoing Business

One important difference in the new statements is the requirement that landlords (or assigning tenants) must disclose to the prospective retail tenant (or assignee) any alteration or demolition works to the premises or building/centre in which the premises is located. This includes with respect to surrounding roads or land adjacent to, or in close proximity to, the retail premises. This requirement applies for the term of the lease (or any further terms) where such works are planned or known to the landlord (or assigning tenant) at the time of disclosure.

Landlords (and assigning tenants) are still permitted to use the old form of Disclosure Statement prescribed under the 2003 Regulations up until 22 July 2013, but not be using it any longer.

Author: Cathy Drake

Published: 3 July 2014


The information in this article is general in nature and is not to be relied upon as legal advice. As always, we recommend you seek thorough legal advice to consider your own circumstances and determine whether the information contained in this article is applicable to you.  This article is current as at the date of publishing but will not be updated as circumstances change.