Standard Commercial Lease Template for Australia

The Standard Commercial Lease is a fundamental legal document used in Australian commercial property transactions to establish the terms and conditions under which a landlord grants occupancy rights to a tenant for business premises. This document is essential for any commercial property rental arrangement in Australia, whether for office space, retail premises, industrial facilities, or other business uses. It incorporates mandatory provisions required by Australian state and federal legislation, including the Retail Leases Act, Property Law Act, and relevant consumer protection laws. The lease covers crucial aspects such as rent determination, outgoings, maintenance obligations, permitted use, insurance requirements, and termination rights, while ensuring compliance with local building codes and environmental regulations. This Standard Commercial Lease is designed to provide a comprehensive and balanced framework that protects both landlord and tenant interests while maintaining flexibility for specific commercial requirements.

1. Parties: Identification of landlord and tenant with full legal names and details

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

3. Definitions: Key terms used throughout the lease defined for clarity

4. Grant of Lease: Core lease terms including premises description and term of lease

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

6. Security Deposit: Details of security deposit or bank guarantee requirements

7. Use of Premises: Permitted use and restrictions on premises use

8. Maintenance and Repairs: Responsibilities for maintaining and repairing the premises

9. Insurance: Required insurance coverage for both parties

10. Assignment and Subletting: Conditions for transferring or subletting the lease

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

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

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

14. Costs and Stamp Duty: Responsibility for legal costs and statutory charges

15. Notices: Process for giving formal notices under the lease

16. Governing Law: Jurisdiction and applicable law

17. Execution: Formal signing section with attestation