Intent To Lease Form for Australia

Intent To Lease Form Template for Australia

An Intent to Lease Form is a preliminary document used in Australian commercial property transactions that outlines the key terms and conditions proposed for a future lease agreement. It serves as a foundation for lease negotiations while typically remaining non-binding except for specific provisions such as confidentiality and exclusivity. The document complies with Australian property law requirements and includes essential elements such as property details, commercial terms, proposed use, and security requirements, while providing a framework for both parties to progress towards a formal lease agreement.

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What is a Intent To Lease Form?

The Intent to Lease Form is a crucial preliminary document in Australian commercial property transactions, used when parties have reached initial agreement on key commercial terms but before committing to a formal lease. It typically follows successful initial negotiations and precedes the preparation of a formal lease agreement. The document outlines fundamental terms including property details, proposed rent, lease duration, and special conditions, while usually maintaining a non-binding nature except for specific clauses. It serves multiple purposes: documenting the parties' intentions, providing a framework for further negotiations, and serving as instructions for preparing the formal lease. The document must comply with Australian property law requirements and relevant state-specific retail leasing legislation, making it an essential tool in commercial property transactions.

What sections should be included in a Intent To Lease Form?

1. Parties: Identification of the prospective landlord and tenant, including full legal names, ABN/ACN for companies, and contact details

2. Background: Brief context of the proposed lease arrangement and purpose of the document

3. Definitions: Key terms used throughout the document

4. Property Details: Detailed description of the premises including address, area, and any included facilities or fixtures

5. Commercial Terms: Key lease terms including proposed rent, lease duration, commencement date, and rent review mechanisms

6. Outgoings and Utilities: Proposed responsibility for outgoings, service charges, and utilities

7. Proposed Use: Intended use of the premises and any specific requirements or restrictions

8. Security Requirements: Details of proposed security deposit, bank guarantee, or other security arrangements

9. Non-Binding Nature: Clear statement that the document is non-binding except for specific clauses

10. Confidentiality: Obligations regarding confidentiality of negotiations and terms

11. Execution: Signing provisions and date

What sections are optional to include in a Intent To Lease Form?

1. Due Diligence Period: Specified period for tenant to conduct investigations and due diligence, used when tenant requires time to assess the property or business viability

2. Landlord's Works: Details of any modifications or improvements to be undertaken by the landlord, included when premises requires specific fit-out or modifications

3. Incentives: Any rent-free periods or other incentives offered by the landlord, included when such incentives are part of the negotiation

4. Special Conditions: Any unique requirements or conditions specific to the proposed lease, included when standard terms need modification

5. Timeline for Formal Lease: Proposed timeline for negotiating and executing the formal lease, included when parties want to set specific deadlines

6. Break Clause: Conditions under which either party may terminate negotiations, included when parties want specific exit rights during negotiation phase

What schedules should be included in a Intent To Lease Form?

1. Schedule 1 - Property Plan: Detailed floor plan or site plan of the premises

2. Schedule 2 - Commercial Terms Summary: Itemized list of key commercial terms for easy reference

3. Schedule 3 - Proposed Fit-out Requirements: Basic specifications of any proposed fit-out or modifications

4. Appendix A - Required Documents: List of documents required from each party for the formal lease

5. Appendix B - Due Diligence Checklist: Checklist of items to be investigated during due diligence period

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Letter of Intent

Sector

Cost

Free to use
Clauses
Relevant Industries

Retail

Commercial Real Estate

Office Space

Industrial

Hospitality

Healthcare

Professional Services

Warehousing and Logistics

Education

Entertainment and Recreation

Relevant Teams

Legal

Real Estate

Operations

Finance

Facilities Management

Business Development

Property Management

Asset Management

Risk and Compliance

Administration

Relevant Roles

Property Manager

Commercial Leasing Manager

Real Estate Agent

Legal Counsel

Business Development Manager

Facilities Manager

Operations Manager

Chief Financial Officer

Commercial Property Lawyer

Lease Administrator

Asset Manager

Portfolio Manager

Tenant Representative

Property Development Manager

Real Estate Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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