Business Tenancy Agreement Generator for Australia

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Key Requirements PROMPT example:

Business Tenancy Agreement

"I need a Business Tenancy Agreement for a retail space in Brisbane CBD, with a 5-year term starting March 1, 2025, including fit-out period provisions and specific clauses for food and beverage operations with outdoor seating rights."

Document background
The Business Tenancy Agreement is a fundamental legal document used in Australian commercial property transactions to establish and govern the relationship between property owners and business tenants. This agreement is essential when any business entity seeks to lease commercial premises in Australia, whether for retail, office, industrial, or other commercial purposes. It must comply with both federal and state-specific legislation, including the relevant Retail Leases Act and Property Law Act of the respective state or territory. The document covers comprehensive terms including financial obligations, maintenance responsibilities, insurance requirements, and dispute resolution procedures, while incorporating specific protections and obligations required under Australian commercial leasing law. It serves as the primary reference point for both parties throughout the tenancy and is crucial for risk management and clear communication of expectations.
Suggested Sections

1. Parties: Identification and details of the landlord and tenant, including ACN/ABN for companies

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

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Grant of Lease: formal creation of the leasehold interest and specification of the lease term

5. Rent and Other Payments: Details of rent amount, payment frequency, method of payment, and other financial obligations

6. Outgoings and Operating Expenses: Specification of additional costs and their allocation between parties

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

8. Use of Premises: Permitted use of the premises and any restrictions

9. Maintenance and Repairs: Responsibilities of each party for maintaining and repairing the premises

10. Insurance Requirements: Insurance obligations for both landlord and tenant

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

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

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

14. Default and Termination: Circumstances constituting default and consequences, including termination provisions

15. Dispute Resolution: Process for resolving disputes between parties

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

17. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Option to Renew: Include when offering the tenant the right to extend the lease term

2. Market Rent Review: Include when rent reviews will be based on market rates rather than fixed increases

3. Make Good Obligations: Include when specific requirements for premises restoration at lease end are needed

4. Guarantees: Include when personal or corporate guarantees are required from directors or related entities

5. Fit-out Works: Include when the tenant will be performing initial fit-out works

6. Environmental Obligations: Include for premises where environmental compliance is particularly relevant

7. Exclusive Use: Include when the tenant is granted exclusive rights to conduct certain business types

8. Car Parking: Include when car parking spaces are part of the lease

9. Building Name and Signage Rights: Include when dealing with prominent tenants or whole-building leases

10. Emergency Response: Include for high-risk or specialized premises requiring specific emergency procedures

Suggested Schedules

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

2. Schedule 2 - Commercial Terms: Key commercial terms including rent, term, commencement date, and review dates

3. Schedule 3 - Building Rules: Specific rules and regulations for the building or complex

4. Schedule 4 - Outgoings Schedule: Detailed breakdown of outgoings and allocation method

5. Schedule 5 - Fit-out Guidelines: Technical specifications and requirements for any tenant fit-out works

6. Schedule 6 - Condition Report: Detailed report on the condition of the premises at lease commencement

7. Schedule 7 - Special Conditions: Any special or negotiated conditions specific to this lease

8. Appendix A - Required Insurance Certificates: Copies of insurance certificates required under the lease

9. Appendix B - Bank Guarantee Format: Approved format for bank guarantee if required

10. Appendix C - Plans and Drawings: Technical drawings, floor plans, and other relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Retail

Professional Services

Healthcare

Hospitality

Manufacturing

Technology

Education

Financial Services

Logistics and Warehousing

Entertainment

Food and Beverage

Automotive

Creative Industries

Construction

Tourism

Relevant Teams

Legal

Finance

Operations

Facilities Management

Risk and Compliance

Property Management

Real Estate

Treasury

Commercial

Administration

Procurement

Asset Management

Relevant Roles

Property Manager

Facilities Manager

Legal Counsel

Commercial Director

Chief Financial Officer

Operations Manager

Real Estate Agent

Leasing Executive

Business Owner

Company Director

Risk Manager

Compliance Officer

Asset Manager

Portfolio Manager

Treasury Manager

Construction Manager

Industries
Retail Leases Act: State-specific legislation that governs retail and commercial lease arrangements, covering aspects such as rent reviews, outgoings, maintenance obligations, and dispute resolution processes
Property Law Act: Fundamental legislation governing property rights, interests, and transactions in real property, including leasing arrangements and property transfers
Competition and Consumer Act 2010 (including Australian Consumer Law): Federal legislation that includes provisions about unfair contract terms, misleading conduct, and consumer guarantees that may apply to commercial leasing arrangements
Building Code of Australia: National construction code setting minimum requirements for safety, health, amenity, and sustainability in buildings, which affects tenant and landlord obligations
Work Health and Safety Act: Legislation governing workplace safety requirements that affect both landlord and tenant obligations in maintaining safe premises
Disability Discrimination Act 1992: Federal legislation requiring premises to be accessible and preventing discrimination, affecting building access and modifications
Environmental Protection Act: Legislation governing environmental obligations and compliance, particularly relevant for certain business types and waste management
Security of Payment Act: State-based legislation governing payment disputes in the building and construction industry, relevant for fit-outs and modifications
Foreign Investment Review Board (FIRB) Regulations: Regulations affecting foreign ownership and leasing of commercial property in Australia
State-specific Planning and Environment Acts: Local planning laws affecting permitted use of premises, zoning requirements, and development approvals
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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