Commercial lease (landlord), Kallan Lawyers

Landlord

Who is granting the lease. Add a card for each owner — individual or company. Multiple landlords are common where the property is co-owned.

Tip. If the landlord is a trust, list the trustee here (individual or trustee company) and note "as trustee for [trust name]" in the contact field.

Tenant

The party taking the lease.

Tenant type *

Company (Pty Ltd) Individual / sole trader Partnership Trustee for a trust

Full legal name *

Trading name If different

Registered or business address *

Contact person *

Email *

Phone

Guarantor(s)

Do you require personal guarantors? Strongly recommended where tenant is a company

Yes No Discuss with us

Term & options

Initial term and any further options to extend.

Lease type *

Commercial (general) Retail (RLA-applicable) Industrial / warehouse Other / not sure

If the premises are used wholly or predominantly for the sale or hire of goods or the retail provision of services, the Retail Leases Act 2003 (Vic) likely applies and we'll draft accordingly.

Commencement date *

Initial term (years) *

Premises handover condition

Further options to extend

e.g. "3 + 3 + 3" = 3 year initial term with 2 further options of 3 years each. Options are exercisable by tenant notice in line with the lease.

Number of option periods

Length of each option (years)

Total possible term

Retail Leases Act — landlord disclosure information

Required before the lease is signed (s 17 Retail Leases Act 2003). The landlord provides this information — we prepare the Disclosure Statement and lease around it.

If you can't answer something or don't have a document, leave it blank. We'll follow up — better to know than to guess. The Disclosure Statement must be accurate; the landlord wears the risk if it isn't.

Estimated annual outgoings recoverable from tenant Required for retail

Method of apportionment If multi-tenant building

Date Certificate of Occupancy / building permit issued If known

Current tenant turnover threshold If a percentage rent applies

Other tenants in the centre / common areas / promotion fund If applicable

Anything we should know about the premises history / disputes / issues Optional

Upload supporting documents

Drop in anything that helps us prepare the Disclosure Statement — last 12 months of outgoings invoices/reconciliations, certificate of occupancy, prior lease, plan of the premises. If you don't have these handy, skip — we'll request what we need.

Outgoings statements / invoices Optional

Plan of premises / floor plan Optional

Prior lease / other supporting docs Optional

Rent

How much, how often, and how it reviews.

Initial annual rent *

Payment frequency *

GST on rent?

Rent review mechanism

How should rent review each year?

CPI (Melbourne All Groups) Fixed % each year Market review (at option exercise) CPI annually, market at option Other (describe below)

Describe the review mechanism / fixed % *

Review dates Optional

Outgoings

Rates, taxes, utilities, body corporate fees, insurance.

Lease type for outgoings *

Gross (landlord pays outgoings) Net (tenant pays outgoings) Semi-gross (split — describe)

Note: under the Retail Leases Act, recoverable outgoings are limited and must be disclosed in writing before the lease is signed.

Outgoings INCLUDED in tenant's liability Optional

Outgoings EXCLUDED Optional

Permitted use, make-good & insurance

What the premises can be used for, how it's returned, and what insurance the tenant must hold.

Permitted use *

Make-good obligation at end of lease

Standard — remove fitout, return to base building Strip-out — bare shell Tenant may leave fitout (landlord election) Other (describe below)

Describe make-good arrangement *

Insurance requirements Optional

Landlord fitout contribution If any

Before we start, please confirm

Authority. I am authorised to instruct on behalf of the landlord (or am the landlord). The details above are accurate to the best of my knowledge. Scope — document production only. This is a standard-form commercial lease drafted to your stated terms. Kallan Lawyers is engaged to prepare the documents based on the information you provide. We have not been asked to, and do not, give legal, commercial, tax or financial advice on the transaction. If you want advice on whether the terms are appropriate, the suitability of the tenant, market rent, or any other aspect, please contact us separately and we will quote for that work. No advice on tenant covenant. Kallan Lawyers has not assessed the financial standing of the tenant or any guarantor. If you would like an ASIC company search for the tenant or any company landlord, tick the optional add-ons above ($55 inc. GST each). Independent advice for the tenant. Kallan Lawyers acts only for the landlord on this matter. The tenant should obtain their own independent legal advice before signing. RLA — landlord obligations. If the lease is a retail premises lease under the Retail Leases Act 2003 (Vic), the landlord (not Kallan Lawyers) is required to provide a Disclosure Statement, SBC Tenant Guide and outgoings estimates to the tenant at least 14 days before the lease is signed. I will upload or provide the source information requested below (if retail) so that the Disclosure Statement can be prepared accurately. Fee. The fixed fee for a standard-form commercial lease is from $880 inc. GST. Any non-standard scope (negotiation rounds, bespoke clauses, related deeds) is quoted in writing before any extra work starts. ASIC search add-ons are billed at $55 inc. GST each.

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Commercial lease.

Landlord

Tenant

Guarantor(s)

Premises

Term & options

Further options to extend

Retail Leases Act — landlord disclosure information

Upload supporting documents

Rent

Rent review mechanism

Security

Outgoings

Permitted use, make-good & insurance

Special conditions

Your details

Before we start, please confirm

Review before submitting.

Order received.

What happens next