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Company Tenancy Agreement Template for Australia

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Key Requirements PROMPT example:

Company Tenancy Agreement

"I need a Company Tenancy Agreement for a tech startup leasing two floors of office space in Melbourne CBD, with a 5-year term starting March 1, 2025, including specific provisions for office fit-out and 24/7 access rights."

Document background
The Company Tenancy Agreement serves as the primary legal instrument for commercial property leasing arrangements in Australia. This document is essential when a business entity seeks to lease commercial premises for its operations, whether for office space, retail locations, industrial facilities, or other commercial purposes. The agreement must comply with Australian federal and state/territory legislation, including the Retail Leases Act, Property Law Act, and Corporations Act 2001. It typically includes comprehensive terms covering financial obligations, maintenance responsibilities, insurance requirements, and operational conditions. The document is structured to protect both landlord and tenant interests while ensuring compliance with Australian commercial tenancy regulations and business practices.
Suggested Sections

1. Parties: Identification of the landlord and tenant entities, including ACN/ABN and registered addresses

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

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

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

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 requirements and conditions

8. Permitted Use: Specified allowed uses of the premises

9. Tenant's Obligations: Comprehensive list of tenant responsibilities and covenants

10. Landlord's Obligations: Comprehensive list of landlord responsibilities and covenants

11. Insurance: Required insurance coverage for both parties

12. Maintenance and Repairs: Responsibilities for premises maintenance and repairs

13. Assignment and Subletting: Conditions for transfer of lease or subletting

14. Default and Termination: Events of default and termination procedures

15. Damage and Destruction: Procedures in case of property damage or destruction

16. Notices: Requirements for formal communications between parties

17. Dispute Resolution: Procedures for resolving disputes

18. Governing Law: Applicable law and jurisdiction

19. Execution: Formal execution clauses and signing provisions

Optional Sections

1. Option to Renew: Terms for lease renewal options - include when agreed with landlord

2. Make Good Obligations: Specific requirements for premises restoration - include when premises require special reinstatement

3. Retail Lease Provisions: Additional provisions required under retail lease legislation - include if premises are used for retail

4. Common Areas: Rights and obligations regarding shared facilities - include for multi-tenanted buildings

5. Building Management: Building rules and management procedures - include for commercial buildings with building management

6. Fit-out Works: Requirements for initial tenant fit-out - include when premises require renovation

7. Environmental Obligations: Specific environmental compliance requirements - include for environmentally sensitive operations

8. Car Parking: Car parking rights and obligations - include if parking is part of lease

9. Signage Rights: Terms for external and internal signage - include if signage is permitted

10. Trading Hours: Specified trading hours and access times - include for retail or managed buildings

Suggested Schedules

1. Schedule 1 - Premises Plan: Detailed plan showing leased area and measurements

2. Schedule 2 - Lease Particulars: Key commercial terms including rent, term, commencement date

3. Schedule 3 - Special Conditions: Any specific conditions negotiated between parties

4. Schedule 4 - Outgoings: Detailed list of outgoings and cost allocations

5. Schedule 5 - Building Rules: Building management rules and regulations

6. Schedule 6 - Fit-out Guidelines: Technical specifications for tenant fit-out works

7. Schedule 7 - Condition Report: Initial condition of premises

8. Appendix A - Guarantee: Form of guarantee if required

9. Appendix B - Bank Guarantee: Form of bank guarantee if required

10. Appendix C - Insurance Requirements: Detailed insurance specifications

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

Manufacturing

Technology

Healthcare

Education

Hospitality

Logistics

Financial Services

Media and Entertainment

Construction

Industrial

Relevant Teams

Legal

Finance

Operations

Facilities Management

Risk and Compliance

Corporate Services

Administration

Procurement

Real Estate

Property Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Facility Manager

Property Manager

Legal Counsel

Real Estate Manager

Operations Manager

Finance Director

Commercial Director

Procurement Manager

Risk Manager

Compliance Officer

Business Development Manager

Corporate Services Manager

Office Manager

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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