Step 3

Obtain preliminary documentation

Once you've found potential premises to lease, there are a variety of documents involved in the leasing of commercial premises including:

  • expression of interest document;
  • offer and acceptance (for lease);
  • agreement to lease;
  • fit out schedule;
  • contract of sale (incorporating lease terms); and
  • the lease.

Additionally, under the Act, when a new retail lease is being considered, a landlord is required to give the tenant the following documents at least seven days before entering into the lease. These documents enable prospective tenants to make a proper assessment of a lease proposal.

If you are considering the assignment of a retail lease (transfer from one tenant to another), you should ask the current tenant for a copy of these documents, which he or she would have received from the landlord.

You should obtain all documents and spend some time reading and understanding them so that you can clarify any matters you are unsure of with your advisors.

What's next...

Related Information

Business Brief
Leasing Commercial Property

Business Guide
Commercial Leases Main Issues

Download free eBooks on leasing

The free eBook guides include:

  • Leasing business premises - a commercial and practical guide
  • Common Questions about the Commercial Tenancy Act booklets
  • Fact sheets for retail shop laws

Contact a specialist commercial tenancy adviser on 13 12 49.