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Commercial Lease Assignment Template for Australia

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Key Requirements PROMPT example:

Commercial Lease Assignment

"I need a Commercial Lease Assignment for transferring my retail clothing store lease to a new tenant who's buying my business, with the assignment planned for March 1, 2025; the landlord has already given in-principle approval but requires additional security from the incoming tenant."

Document background
A Commercial Lease Assignment is required when an existing commercial tenant wishes to transfer their lease to another party in Australia. This typically occurs during business sales, corporate restructures, or when a tenant needs to exit a lease early. The document must comply with relevant state-specific property and retail leasing laws, and requires the landlord's formal consent. It addresses key aspects including the transfer of lease obligations, security arrangements, outstanding liabilities, and premises handover procedures. The assignment document should be tailored to reflect specific requirements of the relevant state or territory jurisdiction, particularly regarding retail lease legislation where applicable. It's essential to include provisions that protect all parties' interests and clearly define the transition of responsibilities from the existing tenant to the new tenant.
Suggested Sections

1. Parties: Identifies all parties: Landlord, Assignor (existing tenant), and Assignee (new tenant)

2. Background: Recitals explaining the existing lease arrangement and intention to assign

3. Definitions: Defines key terms including 'Lease', 'Assignment Date', 'Premises', and other relevant terms

4. Interpretation: Rules for interpreting the document including references to time, currency, and statutory provisions

5. Consent to Assignment: Landlord's formal consent to the assignment and any conditions attached

6. Assignment: Core provisions affecting the transfer of lease rights and obligations from Assignor to Assignee

7. Assignee Covenants: Assignee's direct covenants with the Landlord to perform lease obligations

8. Assignor Release: Terms of release for the Assignor from future lease obligations

9. Assignment Date and Handover: Specific provisions about when the assignment takes effect and premises handover

10. Rent and Outgoings: Arrangements for apportioning rent, outgoings, and other payments

11. Security Deposit/Bank Guarantee: Arrangements for replacement or transfer of security

12. Costs and Stamp Duty: Responsibility for legal costs, registration fees, and stamp duty

13. Notices: How and where notices under the assignment must be given

14. Governing Law: Specifies Australian law and relevant jurisdiction

15. Execution: Formal execution blocks for all parties

Optional Sections

1. Guarantor Provisions: Required when there are guarantors for either the Assignor or Assignee

2. GST: Detailed GST provisions if not covered in the original lease

3. Outstanding Breaches: Needed if there are existing breaches that need to be addressed

4. Assignor Ongoing Obligations: Required if Assignor retains any ongoing obligations post-assignment

5. Fit-out and Alterations: Needed if there are specific arrangements about existing fit-out or planned alterations

6. Environmental Matters: Required for premises with specific environmental considerations or compliance requirements

7. Intellectual Property: Needed if the assignment involves transfer of any IP rights related to the premises

Suggested Schedules

1. Schedule 1 - Original Lease Details: Copy or summary of key original lease terms

2. Schedule 2 - Premises Plan: Plan showing the leased premises

3. Schedule 3 - Assignee Details: Detailed information about the Assignee including corporate information and business experience

4. Schedule 4 - Special Conditions: Any special conditions specific to this assignment

5. Schedule 5 - Condition Report: Current condition of premises at assignment

6. Appendix A - Copy of Original Lease: Complete copy of original lease and any variations

7. Appendix B - Assignee's Bank Guarantee/Security: Copy of new security documents

8. Appendix C - Required Consents: Copies of any third-party or statutory consents required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














































Clauses



































Relevant Industries

Retail

Commercial Property

Industrial

Hospitality

Healthcare

Professional Services

Manufacturing

Warehousing and Logistics

Education

Technology

Relevant Teams

Legal

Property Management

Operations

Finance

Compliance

Real Estate

Facilities Management

Risk Management

Corporate Services

Administration

Relevant Roles

Property Manager

Commercial Leasing Manager

Legal Counsel

Corporate Lawyer

Real Estate Manager

Facilities Manager

Operations Director

Chief Financial Officer

Business Owner

Asset Manager

Retail Manager

Company Secretary

Property Portfolio Manager

Tenant Representative

Compliance Officer

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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