Commercial Tenancy Application - Sub Lease - AUQLDRECM039

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23 Jul 2019 v1.5

Additions / Changes:


Item 2

Landlord: …………………………………………………………………………………………………………….

Tenant:        ……………………………………………………….………………………………………………………

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

Option Details: ………………………………………………………………………………………………………

Landlord’s Agent: ……………………………………………………………………………………………………


Item 9

LETTING LANDLORD/LANDLORD’S AGENT

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)

Head Tenant: means the tenant named in the Lease, details of which are set out in Item 2.

(3)

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


Clause 3

The Applicant/s agree/s:

(1)

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

(2)

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

(3)

the Applicant will forthwith upon receipt of same, sign the Sub Lease;

(4)

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

(4)

the Applicant will forthwith upon receipt of same, sign the Sub Lease.

(5)

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

(6)

where, without fault on the part of the Head Tenant Landlord/Landlord’s or Letting Agent, the Premises are not available on the due date, no action shall be taken against the Head Tenant Landlord/Landlord’s or Letting Agent provided rent and outgoings will not be payable until the Premises are available;

(7)

that the Head Tenant or Landlord or Letting Agent Landlord’s Agent/Landlord/ Sub-lessor are 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 of the Premises from the relevant authorities and the Applicant/s confirms the Head Tenant Landlord/Landlord’s and Letting Agent has given no warranty as to the suitability of the Premises for the permitted use;

(9)

this Commercial Tenancy Application –Sub Lease is not for the use in respect to of a Retail Tenancy; and

(10)

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


Clause 4

Privacy Statement

4.1

The Landlord’s Letting 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 Letting Agent collects and uses pPersonal iInformation provided by you as the Applicant/s, or obtained by other means, to assess your Aapplication for tenancy to Sub 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 Letting Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:

(1)

the Head Tenant and the Landlord as Owner of the Premises to which this Application for Tenancy applies and Landlord’s Agent, 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 Ssub Llease; and/or

(3)

tradespeople and similar contractors engaged by the Head Tenant or Landlord or Letting 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 and other relevant parties to confirm information provided by you; and/or

(5)

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

(6)

a utility connection provider where you request the Letting 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 Letting 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 Letting Agent may not be able to act effectively or at all on the Head Tenant’s and Landlord’s behalf as a result of which your Application may not be acceptable to the Head Tenant or 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 Head Tenant/Letting Agent or is withdrawn by the Applicant/s, all information contained in this Application and the copy of any sub 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 Letting 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 Letting 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 sub lease agreement.


Clause 6(4)

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

 

11 Jun 2015 v1.4

Copyright statement updated.

 

12 Mar 2014 v1.3

Additions / Changes:

 

Item 9

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 to Sub Lease and provide services required by you or on your behalf during the Sub 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 to Sub 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 Sub 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 v1.2

Additions / Changes:


Item 1

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

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

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

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

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

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

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


Item 3.1

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 3.2

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

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

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

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


Item 4

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 10

UTILITY CONNECTION


Item 13

By signing below the Applicant confirms its Application to sub 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 Sub 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 Sub-lessor and consent of the Landlord both being notified to the Applicant, verbally or in writing, the Applicant/s will sub lease rent the Premises from the Sub-lessor under a Sub Lease on the basic terms and conditions in accordance with this Application and a Sub 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 Sub 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 Sub 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’s Agent/Landlord/Sub-lessor 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 - Sub Lease is not for the use of a Retail Tenancy.

(10)

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


Clause 3

3.1

The Landlord’s Agent collects and uses personal information provided by you as the Applicant to assess your application to Sub Lease and provide services required by you or on your behalf during the Sub 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 Sub 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 Sub 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 v1.1

Additions / Changes:


Item 1

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


Item 4

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