Long Term Lease Agreement Template for Australia

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Key Requirements PROMPT example:

Long Term Lease Agreement

"I need a Long Term Lease Agreement for a retail shopping center space in Melbourne, with specific provisions for extended trading hours during holiday seasons and percentage rent based on turnover, commencing March 2025."

Document background
The Long Term Lease Agreement is a crucial legal instrument used in Australian property transactions where parties intend to establish a tenancy relationship extending beyond three years. It is commonly used for commercial, retail, industrial, and significant residential properties. The document must comply with relevant Australian federal and state legislation, including the Property Law Act, Real Property Act, and state-specific retail leasing laws where applicable. This agreement is particularly important as it requires registration on the property title in most Australian jurisdictions when the term exceeds three years. It includes comprehensive provisions covering financial obligations, maintenance responsibilities, insurance requirements, and compliance with local regulations. The document serves as the primary reference point for the ongoing relationship between property owners and tenants, providing clarity and legal certainty for all parties involved.
Suggested Sections

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

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

3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation clauses

4. Grant of Lease: Formal grant of lease and description of the premises

5. Term and Option Periods: Duration of lease, commencement date, and any option periods

6. Rent and Outgoings: Rent amount, payment terms, outgoings, and review mechanisms

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

8. Permitted Use: Specified authorized uses of the premises

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and replacements

10. Insurance Requirements: Required insurance types, coverage amounts, and obligations

11. Assignment and Subletting: Conditions and procedures for assignment or subletting

12. Lessor's Covenants: Obligations and warranties of the lessor

13. Lessee's Covenants: Obligations and warranties of the lessee

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

15. Costs and Stamp Duty: Responsibility for legal costs, registration fees, and stamp duty

16. Notices: Process and requirements for giving notices under the lease

17. GST: GST treatment of rental and other payments

18. Governing Law: Jurisdiction and applicable law

19. Execution: Execution clauses and signing requirements

Optional Sections

1. Fitout Works: Include when initial fitout works are required, detailing approval process and specifications

2. Environmental Matters: Include for properties with environmental sensitivities or compliance requirements

3. Trading Hours: Include for retail or commercial premises with specific operating hours

4. Sales Reporting: Include for retail leases where turnover rent applies

5. Signage Rights: Include when specific signage rights are granted

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

7. Building Management: Include for premises in larger buildings with shared facilities

8. Market Rent Review: Include when market rent reviews are part of the rent review mechanism

9. Mortgagee Consent: Include when required by lessor's financier

10. Operating Expenses: Include detailed provisions for commercial buildings with significant shared services

Suggested Schedules

1. Schedule 1 - Premises Plan: Detailed plan showing the leased premises and common areas

2. Schedule 2 - Reference Schedule: Key commercial terms and variable items referenced in the lease

3. Schedule 3 - Special Conditions: Any special or additional conditions specific to this lease

4. Schedule 4 - Fitout Guidelines: Specifications and requirements for premises fitout

5. Schedule 5 - Rules and Regulations: Building rules and regulations for multi-tenanted properties

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

7. Schedule 7 - Outgoings Schedule: Detailed list of outgoings and allocation method

8. Appendix A - Guarantee and Indemnity: Form of guarantee if required from directors or parent company

9. Appendix B - Environmental Management Plan: Environmental requirements and compliance procedures

10. Appendix C - Insurance Requirements: Detailed insurance specifications and requirements

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

Real Estate

Retail

Commercial Property

Industrial

Healthcare

Education

Hospitality

Professional Services

Manufacturing

Logistics

Agriculture

Technology

Financial Services

Relevant Teams

Legal

Property Management

Operations

Finance

Compliance

Risk Management

Facilities Management

Business Development

Real Estate

Administration

Relevant Roles

Property Manager

Facilities Manager

Legal Counsel

Real Estate Agent

Commercial Director

Operations Manager

Chief Financial Officer

Asset Manager

Compliance Officer

Business Development Manager

Leasing Executive

Property Valuer

Risk Manager

General Counsel

Company Secretary

Industries
Property Law Act 1958: Fundamental legislation governing property rights, interests, and transactions in Australia, including requirements for lease creation and enforcement
Real Property Act 1900: Regulates the registration of land titles and interests, including requirements for registering long-term leases
Retail Leases Act 2003: If the lease is for retail premises, this Act governs specific requirements for retail leases including disclosure statements and tenant protections
Residential Tenancies Act 1997: If the lease is residential, this Act provides the framework for residential tenancy agreements including rights and obligations of landlords and tenants
Competition and Consumer Act 2010: Contains the Australian Consumer Law which provides protection against unfair contract terms and misleading conduct
Income Tax Assessment Act 1997: Governs taxation implications of lease payments and deductions for both lessors and lessees
Environmental Protection and Biodiversity Conservation Act 1999: May be relevant for properties affecting protected areas or involving significant environmental impacts
State-specific Planning and Environment Acts: Governs land use, zoning, and development restrictions that may affect the permitted use of the leased property
Building Code of Australia: Sets standards for building compliance and safety that may affect lease obligations regarding maintenance and improvements
Electronic Transactions Act 1999: Relevant if the lease agreement will be executed or managed electronically
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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