General Lease NSW

General Lease Agreement in word format.  Download, save and reuse as you need.

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General Lease Agreement

Commercial & Retail Lease Agreement 

Commercial & Retail  Lease Agreement includes Lease (Commercial, General) which is a general commercial lease that can be adapted to most uses. Suitable for most general commercial properties.

Understanding a Commercial Lease. … A lease is a legally binding contract that gives you certain rights to a property for a set term. A commercial lease is used when leasing property used primarily for a business. You should never sign a lease without understanding all of its terms and conditions.

Commercial Lease & Retail Lease

Commercial Lease is the legal document which sets out the rights and responsibilities of both landlord and tenant of a commercial premises

There are two kinds of Commercial Leases:-

  • 1. Retail Commercial Lease:  wherever goods or services are being  sold to the public from the premises, and;
  • 2. Non-Retail Commercial Lease:  wherever the premises will not be used to sell goods or services to the public, but will still be used for business purposes (e.g. offices, warehouses).

Our Lease (Commercial, General) is 54 pages long and includes:-

  • CONTENTS
  • Part 1      DEFINITIONS AND INTERPRETATION
  • Part 2      RENT AND OUTGOINGS\
  • Part 3      ABATEMENT
  • Part 4      RESUMPTION AND EASEMENTS
  • Part 5      USE OF PREMISES
  • Part 6      ASSIGNMENT
  • Part 7      MAINTENANCE, REPAIR, ALTERATIONS, ETC.
  • Part 8      Environmental Clauses
  • Part 9      AIR CONDITIONING, FIRE EQUIPMENT, LIFTS AND ESCALATORS
  • Part 10    ELECTRICITY AND OTHER SERVICES
  • Part 11    OPTION TO RENEW
  • Part 12    INSURANCE REQUIREMENTS
  • Part 14    ATTORNEY
  • Part 15    QUIET ENJOYMENT AND HOLDING OVER
  • Part 16    DEFAULT AND TERMINATION
  • Part 18    MISCELLANEOUS
  • Part 19    GUARANTORS
  • Part 20    BANK GUARANTEE
  • Part 21    EXECUTION AND REGISTRATION
  • Part 22    MORTGAGEE CONSENT
  • Part 23    TRUSTS

If this Commercial & Retail Lease Agreement is not what you are looking for please do not hesitate to contact us.

 

general lease agreement

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Lease

The owner of real estate may give possession of that real estate to another person, such that the other person has the right to use and enjoy the real estate to the exclusion of the entire world, including the owner.

Such a right is recognised as a proprietary right and thus protected by the law. Ownership does not pass, merely possession, and the owner retains the right to reclaim full enjoyment of the property at the expiration of the lease, a right known as the right of reversion.

The two key elements which arise from this description of a lease are:

  • Exclusive possession – The lessee must be exclusively entitled to enjoy the premises to the exclusion of all others, including the lessor.
  • Definite time span – The lease must be for some definable period of time. This might be a fixed term, such as one year, or a periodic term, such as from week to week.

If the arrangement fails to satisfy either of these basic criteria it will not qualify as a lease and will be regarded as a licence, which is merely a contractual relationship which does not attract the benefits available to a proprietary interest.

 

Lease or tenancy

Whilst there may have been a difference in the past between the meaning of lease and tenancy, the terms are now effectively interchangeable. To lease premises is the same as to rent. The landlord is the same as the lessor, and the tenant is the same as the lessee. This commentary uses the word lessor to describe the owner of the premises or landlord and lessee to describe the tenant.

 

Lease or licence

A lease is as a proprietary right, and, as such, enjoys the protection of the law. The lessee is entitled to enjoy the right until it expires and may enforce that right against the entire world. A licence however is merely a contractual right that exists between the parties to the contract. It is not enforceable against third parties and may be revoked by the grantor, subject to contractual remedies available to the licensee.

A person who enters onto land without even the licence of the owner, such as a squatter, or remains on land after a licence has been revoked may be subject to the summary procedure for possession. This is available even if the name of the occupier is unknown, but should not be used if there is a real question as to whether the occupier is in possession pursuant to a lease.

 

Duration

Whilst there is little doubt that a lease for one year is of a fixed duration, a lease from week to week may go on forever. However such an arrangement is still regarded as a lease for a fixed duration as it is capable of termination by either party at the end of each repeating period. An arrangement ‘for the duration of the war’ or ‘until the land is required by the council’ is not for a fixed or determinable duration and is not a lease. It is therefore a licence.

 

Commencement date

A lease must have a specified or definable commencing date. A lease that does not have a commencing date capable of precise definition will be void.

 

Formality

Validity

The common law has traditionally required proprietary rights to be established in a formal way, indeed the fundamental requirement in relation to interests in land is that they be created by deed, which is a document formally executed by seal. An arrangement that does not satisfy this level of formality will be invalid or void at law.

However there has always been an exception for leases for a period of less than three years, which may be created orally. Such a lease will be a valid legal lease provided that one of the parties can satisfy the court of the essential terms.

Enforceability

Even if the lease satisfies the legal test for validity, the modern equivalents to the statute of frauds require contracts relating to land to be in writing and signed by the parties. If not, such arrangements will be unenforceable, which means that whilst they may validly exist, they cannot be enforced in a court. However it has been held that this requirement does not apply to a lease, but rather to an agreement to lease, which is the relevant ‘contract’.

However the doctrine of part performance has always been an exception to this restriction and if the court is satisfied that the parties have partly performed the lease then it will be enforceable, notwithstanding that there is no written and signed document.

A lease for a period of more than three years which is not in the form of a deed will be regarded by the law as void. To overcome this possibility, the concept of an equitable lease was developed.

 

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Precedents Online sells legal documents to the legal profession in Australia. The online legal documents are supplied by Kalde Pty Ltd. Most of the copyright in the works available on this site vests in Kalde Pty Ltd and the documents themselves have been created by practising lawyers.

Legal precedents sold on this site are available for immediate use.  Precedents shown on this site have been drafted by practicing lawyers and kept up to date with changes in the law.

Precedents Online. Powered by Kalde & Associates Commercial Lawyers.

 

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