This document is intended for informational purposes and to illustrate the diversity of written agreements only. Agreement Sample assumes no liability for the content of this document or for any action or inaction taken as a result of it. It should not be used or relied upon for any purpose, does not represent a recommendation or endorsement and is not a substitute for professional legal advice. No professional relationship is implied or otherwise established by reading this document. You should always seek the advice of your legal professional.
PARTIES Landlord: | ____________ ____________ |
Tenant: | ____________ ____________ |
Date: | ____________ |
* | FOR RESIDENTIAL TENANCIES. |
* | FOR PREMISES COVERED BY THE RETAIL SHOP LEASES ACT. |
* | WHERE THE INITIAL TERM EXCEEDS 3 YEARS. |
* | WHERE REGISTRATION UNDER THE LAND TITLE ACT IS REQUIRED. |
• If including an option to renew, the Tenant should be advised to seek legal advice about having the tenancy registered to protect its rights under the option.
• Where the initial term plus options exceeds 10 years and the premises form part of the Landlords title, the tenancy may require approval as a subdivision and legal advice should be sought.
• Unless amended, this agreement provides for rent to be reviewed based on increases in the Consumer Price Index. It is not suitable for use where rent is to be reviewed to market or otherwise.
• The only outgoings recoverable in this agreement are local government rates, fire services levies, insurance, cleaning and garden maintenance. Unless amended, this agreement is not suitable for use where additional outgoings are to be paid by the Tenant.
•The Agreement must be submitted to the Office of State Revenue for stamping within 30 days of signing.
Reference ScheduleEnsure that all items are completed.
Item 1: Full name/s of the owner/s of the property and their address. If the Landlord is a company, include ABN. DO NOT use a business name.
Item 2: Full name/s of the tenant. If the Tenant is a company, include its ABN. DO NOT use a business name.
Item 3: The Premises must be clearly identified e.g. “Suite 3, 45 John Street, Spring Hill” etc. If not able to be identified by name, a sketch plan must be attached to the Agreement and the address must be included at Item 3.
Item 5: Insert the period of the further tenancy, e.g. “6 months” or “1 year” or “not applicable”. Item 7: Insert the date on which the rent is to be adjusted by the CPI or “Not applicable”. Item 8: The permitted Use should be stated clearly and concisely.Item 9: Insert the percentage of outgoings the Tenant is to pay, e.g. “25%” or “100%” or “Not applicable”.
made (date) ____________
The person named in Item I of the Reference Schedule (“Landlord”)
REFERENCE SCHEDULE | ||
Item 1 | Landlord | ____________ ____________ |
Address | ____________ ____________ | |
____________ ____________ | ||
Phone: ____________ Fax: ____________ | ||
ABNNo: | ||
Email Address: | ||
Item 2 | Tenant | ____________ ____________ |
Address | ____________ ____________ | |
____________ ____________ | ||
Phone: | ____________ Fax: ____________ | |
ABN No: | ____________ | |
Email Address: | ____________ | |
Item 3 | Premises | ____________ ____________ |
____________ ____________ | ||
(annex a plan if available) | ||
Item 4 | Term | (1) periodic monthly tenancy; or |
(2) 12 months commencing on ____________ | ||
and ending on ____________ | ||
Item 5 | Option for Further Term | 12 months |
Item 6 | Rent | $ ____________ Plus GST per month |
Item 7 | Annual Rent | |
Review Dates | See Special Conditions | |
Item 8 | Permitted Use | ____________ ____________ |
Item 9 | Percentage of Outgoings | 100% payable by Tenant- See Special Conditions |
Item 10 | Deposit | $ ____________ + G.S.T. (being 1st month’s rental) |
Item 11 | Landlord’s Agent | ____________ ____________ |
Address | ____________ ____________ | |
Phone: | ____________ Fax: ____________ | |
ABN No: | ____________ | |
Email Address: | ____________ |
1. Tenant to have access to premises from ____________ to conduct electrical fit out (which will remain property of Landlord) and for setup of operations. All electrical works are to be undertaken in a proper and tradesmanlike manner.
2. Tenant will receive first 3 weeks rent free. 3. Tenant will give 4 months notice of intention to exercise option.4. Tenant will pay any increases in insurance premiums if there are any as a result of their operations.
5. Item 9-Percentage of Outgoings.In addition to Clause 4.2, Outgoings shall include the following (included are the budget Outgoings):
Body Corporate charges ($1,500 pa);
Repairs and Maintenance ($3,000 pa);
Pest Control ($400 pa);
Property Management fees ($4, 000 pa);
BCC Rates ($6, 000 pa);
Water Rates ($1,000 pa);
Insurance ($3,000 pa);
Air conditioning ($2,000 pa).
Market review at option. ($80/m2 + Outgoings + G. S. T. + CPI or market rental, whichever is the greater).