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Guarantee Lease Agreement Template for Australia

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Key Requirements PROMPT example:

Guarantee Lease Agreement

"I need a Guarantee Lease Agreement for a retail shop in Sydney CBD, where the tenant is a new startup company and the guarantee will be provided by a large retail corporation as parent company, with the lease term starting March 1, 2025."

Document background
A Guarantee Lease Agreement is a crucial document in Australian commercial and retail leasing arrangements where additional security is required beyond the tenant's direct obligations. This document is typically used when a landlord requires extra assurance of lease performance, such as when dealing with new businesses, companies with limited trading history, or situations where the tenant's financial strength alone is insufficient. The agreement combines standard lease provisions with comprehensive guarantee clauses, ensuring the guarantor (often a company director, parent company, or related entity) is legally bound to fulfill the tenant's obligations if they default. Under Australian law, the document must comply with state-specific property legislation, the Property Law Act, and relevant consumer protection laws. The guarantee provisions typically cover rent payments, outgoings, maintenance obligations, and potential damage costs, while also outlining the guarantor's rights and the process for enforcing the guarantee.
Suggested Sections

1. Parties: Identifies the landlord, tenant, and guarantor with their full legal details

2. Background: Sets out the context of the lease agreement and the requirement for guarantee

3. Definitions: Defines key terms used throughout the agreement

4. Interpretation: Rules for interpreting the agreement, including general principles and specific rules

5. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnity provisions

6. Extent of Guarantee: Details the scope and limitations of the guarantee

7. Guarantor's Obligations: Specific obligations of the guarantor including payment, performance, and compliance requirements

8. Preservation of Rights: Landlord's rights preservation and circumstances that don't affect guarantee validity

9. Guarantor Acknowledgments: Guarantor's confirmations and acknowledgments regarding their obligations

10. Payment and Interest: Payment terms, interest on late payments, and payment mechanics

11. Enforcement: Landlord's enforcement rights and remedies

12. Termination: Conditions for termination of the guarantee

13. General Provisions: Standard boilerplate clauses including notices, governing law, etc

Optional Sections

1. Security Deposit: Include when additional security deposit is required from guarantor

2. Corporate Guarantor Provisions: Include when guarantor is a corporation, adding specific corporate representations and warranties

3. Multiple Guarantors: Include when there are multiple guarantors to define joint and several liability

4. Guarantee Limitation: Include when the guarantee is limited to a specific amount or time period

5. Step-In Rights: Include when guarantor has rights to take over lease in case of tenant default

6. Foreign Guarantor: Include when guarantor is foreign entity, adding process agent and jurisdiction provisions

Suggested Schedules

1. Schedule 1 - Lease Details: Summary of key lease terms being guaranteed

2. Schedule 2 - Guaranteed Obligations: Detailed list of obligations covered by the guarantee

3. Schedule 3 - Guarantor Information: Detailed information about guarantor(s) including contact details and corporate information if applicable

4. Schedule 4 - Guarantee Amount: If guarantee is limited, details of the limitation and calculation method

5. Appendix A - Form of Demand: Standard form for making demands under the guarantee

6. Appendix B - Deed of Accession: Form for additional guarantors to join the guarantee if required

Authors

Alex Denne

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

Relevant legal definitions






































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Relevant Industries

Commercial Real Estate

Retail

Industrial

Hospitality

Healthcare

Professional Services

Manufacturing

Warehousing

Education

Technology

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Finance

Compliance

Operations

Asset Management

Facilities Management

Contract Administration

Relevant Roles

Property Manager

Legal Counsel

Commercial Lease Manager

Real Estate Director

Risk Manager

Contracts Administrator

Company Director

Chief Financial Officer

Asset Manager

Facilities Manager

Leasing Executive

Corporate Lawyer

Property Portfolio Manager

Compliance Officer

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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