Commercial Lease Application - AUQLDRECM025

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

18 Jul 2023 v2.1

Additions / Changes:


Clause 3 (2) (c)

after notification of acceptance to forthwith upon receipt of the Lease, sign same, sign the Commercial Lease and promptly return to the Landlord/Agent;


Clause 4

Acceptance Holding Deposit

4.1

If an Acceptance Deposit amount is specified in Item 2 1, the Applicant/s will be required to pay such deposit to the Agent, upon notification of acceptance, in accordance with Clause 3(2)(a).

4.2

On payment of the Acceptance Holding Deposit, the Agent/Landlord will reserve the Premises for the Applicant/s, provided however, the Applicant/s must, within a reasonable period of time, promptly take all necessary and reasonable steps to enter into a Lease with the Agent/Landlord in accordance with this Application, failing which, any Holding Acceptance Deposit paid by the Applicant will be forfeited to the Agent/Landlord.

4.3

Where the Lease is entered into after payment of an Holding Acceptance Deposit, such deposit will be applied in full or part payment of the Security Deposit and any remainder applied towards Rent.

4.4

Once this Application has been accepted, should the Agent/Landlord decline to enter into a Lease with the Applicant/s in accordance with this Application, the Holding Acceptance Deposit will be refunded in full to the Applicant. The Applicant acknowledges and agrees this shall be the Applicant’s sole remedy.

 

07 Jun 2023 v2.0

Additions / Changes:


Title

COMMERCIAL TENANCY LEASE APPLICATION


Item 1

Address of Premise: …………………………………………………………………………………………….........

.........................................................................................................................................................

Proposed Lease Commencement Date: ……/……/…… Lease Term: ………………..…………………….

Annual Rent: ……………….. incl./excl./plus GST  Monthly Rent: $ …………………. incl./excl./Plus GST

Options……………………..of……………….years
Security Deposit: …..…………… Total amount payable on signing of Lease: …………..………………
Fixtures/Fittings/Chattels: …………………………………………………………………………………………..

Proposed Uses of Premises: ……………………………………………………………………………………….

Outgoings Payable:  __ Yes __ No

Car parks Provided: __ Yes __ No  Number allocated: ………………..  Area of Premises: ………..….. m²


Item 2

MONIES PAYABLE ON SIGNING LEASE

Rent in advance (…… weeks/months rent):          $ ………….

Security Deposit:                                               $ ………….

SUB TOTAL                                                      $ ………….

Less Holding Deposit (see Clause 4):                  $ ………….

Balance due on signing Lease:                           $ ………….


Item 11

EMERGENCY CONTACTS

Note: Required to contact you as a matter of urgency and your normal contact details are not responding. Required for urgent matters, where normal contact details are not responding.

 

Next of kin Name:…………..………………………….…………………………… Phone: (…)………………..

Address:…………..……………………………….…………………………………     Mobile: .....….……………..

Other: …………..……………………………….…………………………………       Phone: (…)………………..

Address:…………..……………………………….…………………………………     Mobile:.….…………………..


Item 13

By signing below the Applicant confirms: its Application to lease the Premises on the terms set out in this Commercial Tenancy Application which Application is inclusive of the terms and conditions of the proposed Commercial Lease.

(a) the Applicant consents to the Agent making enquiries, in accordance with the Privacy Statement (clause      4), to verify the information provided herein.

(b) the Applicant has read the Commercial Lease Application and agrees to be bound by the
    Terms of Application.

(c) where the Applicant has been provided with a 100 Points of Identification Checklist, the Applicant has           completed and returned it.


Clause 1

Definitions

In this Commercial Lease Application for Tenancy the following terms mean:


Clause 3

Applicant/s Agree/s

(1)

to having inspected the Premises in Item 1 and accept its condition;

(2)

on acceptance of this Application by the Landlord being notified to the Applicant, verbally or in writing, the Applicant/s will lease the Premises from the Landlord on the basic terms and conditions in accordance with this Application and a Lease prepared at the direction of the Landlord on Terms and Conditions satisfactory to both parties;

where the Applicant is notified (whether verbally or in writing) of the Landlord’s acceptance of this Application, the Applicant/s will:

(a)

pay any Holding Deposit in accordance with Clause 4.1; and

(b)

lease the Premises from the Landlord on the basic terms and conditions in accordance with this Application and the lease provided by the Landlord with this Application, or, where no lease has been provided, a lease to be prepared at the direction of the Landlord, on terms and conditions satisfactory to both parties;

(3)

the Applicant will after notification of acceptance to forthwith upon receipt of the Lease, sign same, sign the Commercial Lease and promptly return to the Landlord/Agent;

(4)

upon the signing of the Lease, to pay the Rent in Advance and Security Deposit amounts detailed in Item 2 by a method acceptable to the Landlord/ Landlord’s Agent. Such payments to be cleared funds prior to occupancy;

(5)

this Commercial Lease Application, unless accepted, creates no contractual or legal obligations between the parties;

(9)

this Commercial Lease Tenancy Application is not for the use of a Retail Tenancy; and

(10)

this Commercial Lease Application (and any Lease provided by the Landlord / Agent) forms the whole agreement between the parties, and any representations or warranties expressed or implied, not contained within this Application or the Lease Contract itself, are void and unenforceable and shall not form part of the Lease


Clause 4

Holding Deposit

4.1

If a Holding Deposit amount is specified in Item 2 the Applicant/s will be required to pay such deposit to the Agent, upon notification of acceptance, in accordance with Clause 3(2)(a).

4.2

On payment of the Holding Deposit, the Agent/Landlord will reserve the Premises for the Applicant/s, provided however, the Applicant/s must, within a reasonable period of time, take all  necessary and reasonable steps to enter into a Lease with the Agent/Landlord in accordance with this Application, failing which, any Holding Deposit paid by the Applicant will be forfeited to the Agent/Landlord.

4.3

Where the Lease is entered into after payment of a Holding Deposit, such deposit will be applied in full or part payment of the Security Deposit and any remainder applied towards Rent.

4.4

Once this Application has been accepted, should the Agent/Landlord decline to enter into a Lease with the Applicant/s in accordance with this Application, the Holding Deposit will be refunded in full to the Applicant. The Applicant acknowledges and agrees this shall be the Applicant’s sole remedy.


Clause 5

Privacy Statement


Clause 5.3 (2)

tenancy databases for the purpose of confirming details in your Lease tenancy Aapplication and enabling a proper assessment of the risk in providing you with the lease; and/or


Clause 6

Data Collection

Upon signing this Application the Applicant parties agrees the Landlord’s Agent, and the form completion service provider providing this form, may, without disclosing Personal Information, collect, use and disclose to Data Collection Agencies, information contained in this Application and any subsequent lease agreement.


Clause 7

Provision of Documents

Where this Application has been forwarded electronically (either for signing or otherwise) the Applicant confirms having consented to the delivery and execution of the Application (and any other materials) electronically, before receiving the documentation. The Applicant further agrees and confirms, any documents and communications in relation to this Application, may be forwarded electronically (either for signing or otherwise) to an appropriate electronic address provided by that party. This confirmation includes documents forwarded prior to the execution of this Application.


Clause 8

Commercial Lease Tenancy Notes to Applicantion/s

8.1

The following documents form part of This Application, consists of:

(1)

Item Schedule & Terms of Application;

(2)

Terms of Application Terms of Lease;

(3)

an Applicant Details Sheet completed by each additional Applicant any additional Applicant Details Sheet/s (if more than 2 Applicants); and

(4)

any other annexure and/or attached special conditions, together with any lease as provided in accordance with Clause 3 of this Application. by the Landlord’s Agent).

8.2

For the purpose of service of notice, service on any one Applicant shall be deemed to be served on all Applicants.

 

23 Jul 2019 v1.8

Additions / Changes:


Item 8

Name:     ………………………………………………………………………….. ABN: .….……………………...

Address: ………………………………………………………………………….. Phone: (…)……………………

            …………………………………………………………….................... Fax: ………………...............

ABN:      .….………………………. Phone: (…)………………………...... Mobile: .….………………...………

Email:     …………………………………………………………………………..        Mobile:        .………………………..


Clause 1

Definitions

In this Application for Tenancy the following terms mean:

(1)

Data Collection Agency: means an agency or organisation that collects real estate data to provide information to the real estate, finance and property valuation industries to enable data analysis.

(2)

Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).


Clause 4

Privacy Statement

4.1

The Landlord’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy.

4.2

The Privacy Policy outlines how the Landlord’s Agent collects and uses pPersonal iInformation provided by you as the Applicant/s, or obtained by other means, to assess your Aapplication for tenancy a commercial lease and provide the services required by you or on your behalf.

4.3

You as the Applicant/s agree, to further assess your Application, the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:

(1)

the Landlord as Owner of the Premises to which this Application for Tenancy applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or

(2)

tenancy databases for the purpose of confirming details in your tenancy Aapplication and enabling a proper assessment of the risk in providing you with the Llease; and/or

(3)

tradespeople and similar contractors engaged by the Landlord/Landlord’s Agent in order to facilitate the carrying out of works with respect to the Premises; and/or

(4)

previous managing agents or landlords and nominated rReferees to confirm information provided by you; and/or

(5)

the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the administration of the Premises and use of the Landlord’s Agent’s services; and/or

(6)

a utility connection provider where you request the Landlord’s Agent to facilitate the connection and/or disconnection of your utility services; and/or

(7)

Body Corporates.

4.4

Documents or copies of documents provided to establish the identity of the Applicant/s or persons entitled to deal on behalf of the Applicant/s, will be retained by the Landlord’s Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.

4.5

Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all on the Landlord’s behalf as a result of which your Application may not be acceptable to the Landlord.

4.6

The Applicant/s have the right to access such pPersonal iInformation and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

4.7

If this Application is not accepted by the Landlord/Landlord’s Agent or is withdrawn by the Applicant/s, all information contained in this Application and the copy of any lease agreement remains confidential. This does not prevent any party making a disclosure required by law and does not include information normally in the public domain.

4.8

The Landlord’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.


Clause 5

Data Collection

Upon signing this Application the parties agree the Landlord’s Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Application and any subsequent lease agreement.

 

11 Jun 2015 v1.7

Copyright statement updated.

 

12 Mar 2014 v1.6

Additions / Changes:

 

Item 8

LANDLORD/LANDLORD’S AGENT

 

Clause 3

Privacy Statement

3.1

The Landlord’s Agent collects and uses personal information provided by you as the Applicant to assess your application for a commercial lease and provide services required by you or on your behalf during the Lease.

The Landlord’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.

3.2

The Privacy Policy outlines how the Landlord’s Agent collects and uses personal information provided by you as the Applicant/s, or obtained by other means, to assess your application for a commercial lease and provide the services required by you or on your behalf.

3.3

You as the Applicant/s agree, to further assess your Application, the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, from and use and disclose such personal information to:

(1)

the Landlord as Owner of the Premises to which this Application applies; &/ or

(2)

tenancy databases for the purpose of confirming details in your Application and enabling a proper assessment of properly assessing the risk in providing you with the Lease; &/or

(3)

tradespeople and similar contractors engaged by the Landlord Owner/Landlord’s Agent in order to facilitate the carrying out of works with respect to the Premises; &/or

(4)

previous managing agents and nominated Referees to confirm information provided by you; &/or

(5)

the Landlord’s Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the  administration of the Premises and use of the Landlord’s Agent’s services; &/or

(6)

Body Corporates

3.4

Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all on the Landlord’s Owner’s behalf as a result of which your Application may not be acceptable to the Landlord Owner.

3.5

The Applicant/s have the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

3.6

The Landlord’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.

 

24 Aug 2011 v1.5

Additions / Changes:


Item 1

Address of Premises: …………........………………………………………………………………………………

..........................…………………………………………………………………………………………………….

Lease Commencement Date: ....../.…../…...  Lease Term: ……….………..........................................…

Annual Rent: ....................... incl./ excl./plus GST   Monthly Rent: $ …………… incl./excl./Plus GST  

Security Deposit: …..………..……           Total amount payable on signing of Lease: …………..……

Fixtures/Fittings/Chattels: …………………………………………………………………………………………..

Proposed Uses of Premises: ……………………………………………………………………………………….

Car parks Provided: __ Yes __ No  Number allocated: ………………..  Area of Premises: ………..….. m²


Item 2.1

Name: …………………………………………………………… Email: …..................................................

Address:……………………………………………………………………………………………………………….

Phone: ………………….. Mobile: ………….……….  Email: …..............................................................

Date of Birth: …../…../..…  Driver’s Licence No.: ………………...…………. State of Issue: ……………….

Driver’s License/18+ card No.:

……………………

Passport No.:

……………………

Driver’s License/18+ card State:

……………………

Passport Country:

……………………

Health Care Card No.:

……………………

Pension card No.:

……………………

Health Care Card Expiry:

…...../....…/……...

Pension card Expiry:

…...../....…/……...


Item 2.2

Name: …………………………………………………………….................................................................

Address:……………………………………………………………………………………………………………….

Phone: ………………….. Mobile: ………….……….  Email: …..............................................................

Date of Birth: …../…../..…  Driver’s Licence No.: ………………...…………. State of Issue: ……………….


Item 3

Company Name: ………….………...………………………………………….………  ACN:……………………

Trading As:         ……………………………………….………………………………  ABN:…………………....

Registered Address: ……………………….………………………………………….………………..……………

Principle Trading Address: …………………………………………………………………………………………..

Business Description: …………………………………………………..… Business Experience: …….. years

Other Trading Locations: ……………………………..……………………………………………………………..

Solicitor: ……………………...………………………………………………..…… Phone: ……………………..

Business Banker: ……………………………………………………………….…. Phone: ………..……………

Guarantors: ……………………………………………………………….…………. Phone: ……………………..

Address: ………………………………………………………………...…………… Fax: ………………………..


Item 9

UTILITY CONNECTION


Item 12

By signing below the Applicant confirms its Application to lease the Premises on the terms set out in this Commercial Tenancy Application which Application is inclusive of the terms and conditions of the proposed Commercial Lease.

Applicant (1) Signature:

 

………………………………………….

Date: ……/……/……

Applicant (2) Signature:

 

………………………………………….

Date: ……/……/……


Clause 1

The Applicant/s warrant/s declares:

(1)

that all the above details are true and correct.

(2)

that the Agent is authorised to cross reference relevant details against the listed references and check through any reference check organisation that the Agent may be affiliated with.

(2)

no Applicant is not to be bankrupt or insolvent.


Clause 2

The Applicant/s agree/s that:

(1)

they have inspected the Premises in Item (1) and accept its condition.

(2)

on acceptance of this Application by the Landlord being notified to the Applicant, verbally or in writing, the Applicant/s will lease rent the Premises from the Landlord on the basic terms and conditions in accordance with this Application and a Lease under a Lease prepared at the direction of the Landlord on Terms and Conditions satisfactory to both parties. drawn up by the Agent and, upon the signing of the Tenancy Agreement, pay the Bond and Rent amounts in Item (1) by a method acceptable to the Agent. Such payments to be Cleared Funds prior to occupancy.

(3)

upon the signing of the Lease, to pay the amount in Item (1) (total amount payable on signing of Lease) by a method acceptable to the Landlord/Landlord’s Agent. Such payments to be cleared funds prior to occupancy.

(4)

the Applicant will, forthwith upon receipt of same, sign the Commercial Lease forthwith upon presentation of the same by the Agent.

(5)

this Commercial Application, unless accepted, creates no contractual or legal obligations between the parties.

(6)

where, without fault on the part of Landlord/Landlord’s Agent, the Premises are not available circumstances arise making the Premises unavailable on the due date, no action shall be taken against the Landlord/Landlord’s Agent provided rent and outgoings will not be payable until the Premises are available.

(7)

the Applicant understands that the Landlord/Landlord’s Agent/Landlord are is not required to give an explanation to the Applicant/s for any application not approved.

(8)

if accepted, the Applicant/s will be required to obtain all permits necessary for the proposed use their use of the Premises from the relevant authorities and the Applicant/s confirm the Landlord/Landlord’s Agent has given no warranty as to the suitability of the Premises for the permitted use.

(9)

this Commercial Tenancy Application is not for the use of a Retail Tenancy.

(10)

representations or warranties expressed or implied, not contained within this Application or the Lease Contract itself, are void and unenforceable and shall not form part of the Lease.


Clause 3

3.1

The Landlord’s Agent collects and uses personal information provided by you as the Applicant to assess your application for a commercial lease and provide services required by you or on your behalf during the Lease.

3.2

You as the Applicant/s agree, to further assess your Application, the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect from and use and disclose personal information to:


(1)

the Owner of the Premises to which this Application applies; &/or


(2)

tenancy databases for the purpose of confirming details in your Application and properly assessing the risk in providing you with the Lease; &/or


(3)

tradespeople and similar contractors engaged by the Owner/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or


(4)

previous managing agents and nominated Referees to confirm information provided by you; &/or


(5)

the Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the administration of the Premises and use of the Landlord’s Agent’s services; &/or


(6)

Body Corporates

3.3

Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all on the Owner’s behalf as a result of which your Application may not contain sufficient information to be acceptable to the Owner.

3.4

The Applicant/s have the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.


Clause 4

The following documents form part of this Application:

(1)

Item Schedule & Terms of Application

(2)

Terms of Lease

(3)

any additional Applicant Details Sheet/s (if more than 2 Applicants)

(4)

any other annexure and/or special conditions as provided by the Landlord’s Agent.

 

05 Feb 2010 v1.4

Additions / Changes:


Item 1

Rent: ..................... including/ excluding/ plus GST   per week / fortnight / month/ annum


Item 4

Rent: ………………. per week/ fortnight/ month/ annum

 

04 Mar 2008 v1.2

Additions / Changes:


Form Reformatted

 

20 Dec 2007 v1.1

Additions / Changes:


Clause 2(2)

on acceptance of this Application by the Landlord/Agent being notified to the Applicant, verbally or in writing, the Applicant they will offer to rent the Premises from the Landlord/Agent under a Lease drawn up by the Landlord/Agent, and, pay the amount in Item (1) upon the signing of a Lease, pay the Bond and Rent amounts in Item (1)  by a method acceptable to the Landlord/Agent (e.g. cash, money order, bank transfer, bank/building society cheque, etc.). Such payments to be Cleared Funds prior to occupancy.