The commercial terms upon which parties agree to enter into a lease between the parties are usually set out in a document called: a "heads of agreement" (HOA); a "lease proposal";...
Can a lease be varied? A lease, being a contractual agreement, can be varied by way of a supplementary agreement between the parties. If considering a variation of lease, it is important to determine...
It is unlikely that a company will still exist after the end of a period of liquidation given that the purpose of the appointment of a liquidator is: to use the assets of a company to pay the company’s...
Commercial Building Disclosure (CBD) program The Commercial Building Disclosure (CBD) program is a national regulatory program established by the Building Energy Efficiency Disclosure Act 2010 (Cth)...
What is an incentive? A landlord may give a tenant an incentive to enter into a lease. An incentive is generally (but not always) recorded in a separate incentive deed. See the Precedent Lease incentive...
Key considerations for a tenant before entering into a lease Before entering into a lease, a tenant should ensure that: the premises (and the building containing the premises) are sound; the required...
An agreement for lease is a document separate from the lease. It is an agreement to enter into a lease at a later date on the terms set out in the agreement for lease and is binding on the parties.
An agreement for lease is entered into when a lease cannot yet be entered into because:
While it is suggested that an agreement for lease should be expressed as a deed so that there is no need for consideration to be provided before the agreement is binding on the parties, it is important to ensure that in such a case execution of the documents complies with the requirements for execution of a document as a deed. For guidance on the formal requirements for a deed, requirements for valid execution by individuals and companies, and for the requirements for signing deeds electronically, in each jurisdiction, see Tips for signing documents and What are deeds and when are they required?.
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