When should I pay rent?
Rent is payable monthly in advance, on or before the due date.
Our office will provide a tax invoice on a monthly basis however, please note that rent is due in accordance with the lease conditions and is not dependent on a tax invoice being issued.
What payment method should I use?
Our preferred payment method is B-Pay however we also accept payment by direct deposit or cheque by arrangement.
How do I apply to lease a property?
- Contact Facey on 03 9701 4455 or register your interest on our website.
- Request an application form from our office or download it here.
- Complete and submit the application form.
- A final copy will be provided for your approval and signature;
- We therefore require:
- This HOA, if accepted by the owner and signed, we then arrange the lease (and Disclosure Statement) to be prepared by the owners’ solicitor;
- Once the lease is prepared in triplicate you are required to review, sign and return all copies to our office as soon as possible with the security bond;
- The owner then signs;
- Access to the premises will only occur if:
When do I get a key?
You will receive your keys and/or swipe cards upon the Lease commencement date after having signed the Lease documentation and paying your first month rental and security deposit.
When are outgoings due?
All outgoings are due and payable within 7 days of invoice and all payments are to be made to Facey, not directly to the authority.
What is included in outgoings?
Outgoings include but are not limited to:
An adjustment account will be issued at the commencement and end of each tenancy. All amounts due and payable will be calculated on a pro-rata basis as you are only liable to pay outgoings during the term of your tenancy.
What is a Property and Condition Report?
A condition report with photos will be completed at the beginning of the tenancy which is to be signed by you as the tenant and retained on file for the duration of the lease. The tenant is expected to return the property at the end of their lease in the condition in which it was handed over, subject to fair wear and tear. During the lease, the tenant is required to maintain the premises including the exterior (e.g. keeping the car park clear of any items and maintaining gardens) and will be responsible for payment of any infringement notice issued by council or any other relevant authority as a result of failing to maintain the premises. Your property manager will inspect the building during your tenancy to ensure the property is being maintained.
What is the Retail Leases Act?
The Retail Leases Act 2003 is the main governing legislation for retail leasing in Victoria and was instituted to increase:
a) the certainty and fairness of retail leasing arrangements between landlords and tenants; and
b) the mechanisms available to resolve disputes concerning leases of retail premises
This legislation applies to retail premises used for the sale or hire of goods by retail or the retail provision of services and where the occupancy cost is less than $1 million per year. Should your type of business be considered a predominately retail use, then you are provided with a Disclosure Statement prior to entering into a Lease.
A Disclosure Statement is a document that summarises important information and details about the lease so the tenant can clearly understand important elements of the lease. These may include:
What do I do if maintenance/repairs are required?
All equipment including roller doors, lighting, heating and cooling systems should be serviced and in working order at the commencement of your lease. The appearance of the property should be neat and tidy.
As the tenant, you are obligated to care for and maintain the property to the standard outlined at the beginning of the lease. Any faults and/or other damage to the premises must be reported to our office as soon as identified. Maintenance requests must be in writing. The landlord will use a repairer of their choice for repairs to the building and any landlord fixtures/fittings and endeavour to have repairs done as soon as possible.
Essential Safety Measures
What are essential safety measures?
ESMs are the fire safety systems and equipment required to be installed in a building to help ensure the safety of the occupants in the event of an emergency. ESMs include the servicing of portable fire equipment, exit & emergency lighting, paths of travel, exit doors, air conditioning, annual Essential Safety Measures Reports and/or audits.
It is a requirement that these items are serviced, maintained and inspected regularly.
Alterations & additions to the premises
Can I make alterations/additions to the premises?
The tenant must obtain the landlord’s prior written consent before undertaking any alterations and/or additions to the premises. The tenant must enquire and is responsible to obtain any council and/or other relevant authorities approval prior to undertaking any alterations and/or additions to the premises. Any works to the premises must be completed in a proper and workmanlike manner in accordance with all relevant authorities.
Renewal/transfer of lease
How do I apply to renew my lease?
When your lease is due for renewal, you must notify our office in writing of your intention to renew no less than three (3) months before the expiry of the lease.
When is rent normally reviewed?
In most cases, rent is reviewed annually and you will be notified in writing of the increase in rent.
If your lease is subject to a market review at the commencement of any further term, this will be conducted after receiving your written notification confirming your intention to renew the lease.
What if I sell my business during the lease term?
If you sell your business during the term of your lease, a Transfer of Lease will need to be completed by your solicitor. Firstly, you must notify our office in writing of your intention to sell your business and request the necessary forms for the potential purchaser to complete so we can review on the landlord’s behalf.
Disclaimer – Please note: This information is only a guide and if there are any disputes then the Lease Agreement including any Special Conditions will hold precedence.