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Commercial Property Tenancy Agreement Template for Australia

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Key Requirements PROMPT example:

Commercial Property Tenancy Agreement

"I need a Commercial Property Tenancy Agreement for a multi-story office building in Sydney CBD, with specific provisions for shared facilities and green building compliance, starting from March 2025."

Document background
The Commercial Property Tenancy Agreement is essential for formalizing commercial property leases in Australia. It is used when a property owner (lessor) agrees to rent a commercial space to a business tenant (lessee) for non-residential purposes. This comprehensive document covers crucial aspects including financial terms, maintenance obligations, insurance requirements, and compliance with Australian federal and state laws. It differs from residential and retail leases in its complexity and commercial focus, often incorporating specific provisions for business use, fit-out requirements, and operating conditions. The agreement must comply with relevant state-specific commercial property legislation while protecting both parties' interests throughout the lease term.
Suggested Sections

1. Parties: Identification of the landlord/lessor and tenant/lessee with full legal names and ACN/ABN

2. Background: Context of the agreement and brief description of the premises

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules for interpretation

4. Grant of Lease: Core terms of the lease including premises description, term, and permitted use

5. Rent and Other Payments: Rent amount, payment terms, outgoings, and other financial obligations

6. Rent Review: Mechanisms and timing for rent reviews during the lease term

7. Security Deposit/Bank Guarantee: Details of security required and conditions for its use/return

8. Outgoings and Operating Expenses: Specification of additional costs and how they are calculated/apportioned

9. Maintenance and Repairs: Responsibilities for maintaining and repairing different aspects of the premises

10. Insurance: Required insurance coverage for both parties

11. Use of Premises: Permitted use and restrictions on use of the premises

12. Compliance with Laws: Obligations to comply with relevant laws and regulations

13. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises

14. Landlord's Covenants: Obligations and promises of the landlord

15. Tenant's Covenants: Obligations and promises of the tenant

16. Default and Termination: Events of default and consequences, termination procedures

17. Dispute Resolution: Process for resolving disputes between parties

18. Notices: How formal notices must be given between parties

19. General Provisions: Miscellaneous legal provisions including governing law, severability, and entire agreement

Optional Sections

1. Option to Renew: Terms for lease renewal - include when the parties agree to potential extension periods

2. Make Good Obligations: Specific requirements for premises restoration - include when premises have special fixtures or modifications

3. Building Management: Rules regarding building management - include for multi-tenanted buildings

4. Signage Rights: Terms for external and internal signage - include when signage is a significant consideration

5. Car Parking: Allocation and management of parking spaces - include when parking is available

6. Services and Utilities: Special provisions for services - include when utilities are separately metered or managed

7. Environmental Obligations: Specific environmental requirements - include for properties with environmental sensitivities

8. Trading Hours: Restrictions on operating hours - include for retail or managed business premises

9. Common Areas: Rights and obligations regarding shared spaces - include for multi-tenanted properties

10. COVID-19 Provisions: Special terms relating to pandemic situations - include based on current requirements

Suggested Schedules

1. Schedule 1 - Premises Details: Detailed description of premises including floor plans and area calculations

2. Schedule 2 - Rent and Payment Details: Comprehensive breakdown of rent, payment dates, and review mechanisms

3. Schedule 3 - Outgoings: Detailed list of outgoings and calculation methods

4. Schedule 4 - Building Rules: Specific rules and regulations for the building

5. Schedule 5 - Condition Report: Detailed report on premises condition at commencement

6. Schedule 6 - Fit-out Specifications: Details of any agreed fit-out works and specifications

7. Schedule 7 - Essential Safety Measures: List of safety measures and maintenance requirements

8. Appendix A - Plan of Premises: Detailed floor plans and site maps

9. Appendix B - Guarantor Provisions: Terms of any personal or corporate guarantees

10. Appendix C - Special Conditions: Any additional terms specific to this tenancy

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































Clauses






























Relevant Industries

Commercial Real Estate

Retail

Professional Services

Healthcare

Manufacturing

Warehousing and Logistics

Technology

Financial Services

Hospitality

Education

Corporate Services

Entertainment and Media

Industrial

Relevant Teams

Legal

Operations

Finance

Facilities Management

Risk and Compliance

Real Estate

Property Management

Corporate Services

Administration

Business Development

Asset Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Commercial Lawyer

Facilities Manager

Operations Manager

Chief Financial Officer

Business Development Manager

Contract Administrator

Risk Manager

Compliance Officer

Asset Manager

Property Portfolio Manager

Leasing Executive

Commercial Director

Company Secretary

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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