Commercial Property Lease Agreement Template

A solid commercial lease can protect your investment by defining your relationship with your tenants and shielding you from potential liability. It should be the foundation for the ongoing relationship between you and your tenant.

Use this Commercial Property lease for offices, warehouses and Industrial premises in all Australian States and Territories.

This commercial property lease agreement template is suitable for the tenancy of most types of Australian Commercial premises such as

• offices,
• warehouses or
• industrial property.

If the property involved is a retail shop premises please see the Retail Shop Leasing pages.

For those wishing to sublet a portion or the whole of a leased premises see our sublet agreement.

This commercial property lease agreement document is suitable for use by

• Property development companies,
• DIY landlords
• Self Managed Super Fund (SMSF) trustees where clear documentation of the relationship between the tenant and the SMSF is required.

Includes Registration of Lease information for each State – Click on the map to Buy

Registration of a lease is a legal requirement in some states of Australia and is recommended for all states because it provides important protections for both the Landlord and Tenant.

Our State based Commercial Property Lease Agreements include the relevant information on how to register the Lease in your State or Territory. Go here for more information.

These professional templates with easy-to-follow instructions, give you the confidence that your interests are protected by clearly defining the obligations of the parties.

Instant Download

It’s easy to organise a Commercial Property Lease for your premises – our kit includes instructions and will save you time and money.

For your convenience these documents can be downloaded immediately as an MS Word document.

You can use the templates time after time, simply insert the correct information in the appropriate fields and tab to the next field.

Once completed just hit print and you have a professional lease agreement!

The agreement caters to both situations where either:

1. Tenant Pays Outgoings

2. Landlord Pays Outgoings

Your ready-to-use kit includes everything you need to rent your commercial premises

This kit includes the following provisions-

• Interpretation
• Premises
• Permitted use
• Security deposit
• Term
• Rent
• Option to Renew
• Rent Review
• Vacant Possession
• Copy of Agreement
• Locks and Security Devices
• Tax Invoices and Receipts
• Continuation
• Outgoings
• Utilities
• Approvals for Use
• Prohibited Uses
• Tenant Care and Use of the
• Insurance
• Alterations and Additions
• Responsibility for the actions of others
• Indemnity
• Release
• Assignment and Subletting
• Landlords access
• Unexpected events
• Tenants right to privacy
• Costs
• GST
• Statutes
• Notices
• Mitigation
• Termination
• Cleaning
• Dispute Resolution
• Renewal
• Guarantors Liability
• Special Conditions
• Rules and Regulations

Our fully secured ecommerce system allows you to purchase and download your Agreement safely. In just a few minutes you can have everything you need to manage the rental of your Commercial Property yourself and protect the interests of all the parties involved.

Select your State – Buy and Download Now

Or choose from this list

Commercial Lease Template Kit for the ACT

Commercial Lease Template Kit for NSW

Commercial Lease Template Kit for the NT

Commercial Lease Template Kit for Queensland

Commercial Lease Template Kit for South Australia

Commercial Lease Template Kit for Tasmania

Commercial Lease Template Kit for Victoria

Commercial Lease Template Kit for West Australia

Sample Pages from the Lease Template

Commercial Leasing FAQ’s

• Does a commercial lease agreement need to be registered? Commercial Leases are usually registered on title by the equivalent of the land titles office in each state depending upon the term of the lease. The law does vary from state to state so we include easy to follow state specific registration instructions with each leasing kit.
• Can I edit the commercial lease agreement form to suit my own circumstances? Of course the form provides a complete foundation for your own lease, however because it comes to you as a fully editable MS Word template you are free to edit the document by adding special requirements or deleting sections as you see fit. If you are unsure or have special requirements our in house lawyers will be happy to assist.
• Why does it matter if my lease is a retail or commercial? The Retail Leases Act in each state and territory sets out certain criteria that define a lease as commercial or retail. If your lease is a retail lease then the tenants receive additional rights and protections. Conversely landlords must meet certain obligations and if violated, may give the tenant the right to walk away from the lease or even seek compensation.
• How do I know if my premises are a retail premises and not commercial? The Retail Leases Act in your state or territory contains a very specific definition, however, as a general rule, if the premises are predominantly used for;
  • the carrying on of a retail business or
  • the business sells or hires retail goods or services or
  • the business is located within a retail shopping centre,

  then it will most likely come under the retail leases legislation.

• My tenant wants to move in next week and sign the lease afterwards. Is there any reason we shouldn’t do this? Some states allow binding leases of less than 3 years to be made verbally under certain circumstances. This poses a particular danger to the landlord because allowing the tenant to move in early may support claims that a verbal lease was in place, which the landlord may find difficult to disprove.
• Can I include option to renew in the lease document? Yes you can include options to extend the lease as you see fit. To take up an option, the lessee must notify the lessor in writing in accordance with the formal requirements set out in clause 9.

What is the difference between a lease and a licence?

A licence is generally not as formal as a lease and a licensee does not enjoy the same rights as a lessee. A lease grants the tenant a leasehold interest in the land a licence does not.

Generally, a lease is created whenever one person gives another:-

• • the right of exclusive possession;
  • for a certain period being a certain term or if not certain, capable of being calculated;
  • with the intention to give the tenant an interest in the land rather than a personal privilege.

There are certain factors to consider when determining whether a licence has been created. The most important consideration is whether the right to possession is non-exclusive.
Non-exclusive possession of the premises points to a licence, whereas exclusive possession of a premises, or part of a premises, will usually be considered a lease.

Examples of licences

Following are some examples of where a licence may be appropriate:-

• Rights to utilise a garage or storage space;
• Shared office space in a building.

If you want to learn more go to our article What’s the difference between a lease and licence