Lease agreement: pub or restaurant with flat over
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About this lease
This lease is for a pub or restaurant with a flat over. The premises may be in an urban shop frontage, a stand-alone site or away in the country.
The lease is drawn for maximum protection of landlord’s interests. It is very thorough with many simple options where choices are possible.
Where relevant, the lease includes matters relating to licences and the Liquor Act.
The lease has been drawn to prefer the interest of the landlord rather than the tenant.
The law relating to this lease
Most commercial leases are governed by property laws which are similar from one state to another. The exception is retail leases, which are subject to state/territory retail lease law, If the term of this lease is longer than three years it must be registered at the Land Title Office at:
This lease agreement is comprehensive, providing alternative choices for important decisions.
The contents include 27 provisions and 2 schedules covering:
- rent: period, amount, other payments, interest on overdue rent, periodic review;
- condition and repair;
- tenant's positive obligations;
- tenant's obligations for residential space;
- service charge recovery;
- restrictions on tenant: prohibited activities on the property;
- signs and advertisements;
- assignment of the lease;
- indemnities by the tenant;
- security deposit;
- access for landlord;
- termination: default notice by landlord; provision for premature termination (a break clause);
- Schedule 1: rights reserved
- Schedule 2: draft agreement for a security deposit
This document was written by a solicitor for Net Lawman. It complies with current Australian law.
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