The Commercial Lease Guaranty Form is an essential document in Australian commercial property transactions, typically required when a landlord seeks additional security beyond the tenant's covenant. This document is commonly used when leasing to new businesses, companies with limited trading history, or where the tenant's financial strength alone is insufficient to secure the lease. The guarantee provides the landlord with recourse against a third party (usually company directors, parent companies, or financially stable associates) if the tenant defaults on their lease obligations. The form must comply with Australian property law, contract law, and relevant state-specific legislation, particularly regarding formal requirements for property-related guarantees and consumer protection provisions.
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1. Parties: Identifies all parties to the guarantee including the landlord (beneficiary), tenant, and guarantor(s)
2. Background: Outlines the context of the guarantee, referencing the main lease agreement and explaining why the guarantee is required
3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Lease Agreement', and 'Default'
4. Guarantee and Indemnity: Core section detailing the guarantee provisions, including the scope of guaranteed obligations and indemnification terms
5. Nature of Guarantee: Specifies that the guarantee is continuing, unconditional, and irrevocable
6. Guarantor's Obligations: Lists specific obligations of the guarantor, including payment obligations and performance guarantees
7. Preservation of Rights: Confirms that the landlord's rights under the guarantee remain despite various circumstances that might otherwise affect them
8. Payments: Details how and when payments must be made, including provisions for recovery of costs
9. Default and Enforcement: Specifies what constitutes default and the landlord's enforcement rights
10. Termination: Conditions under which the guarantee may be terminated or released
11. Notices: Requirements for giving notices under the guarantee
12. Governing Law: Specifies that Australian law governs the guarantee and nominates jurisdiction for disputes
13. Execution: Formal execution block for all parties to sign
1. Joint and Several Liability: Required when there are multiple guarantors to ensure each is fully liable for the guaranteed obligations
2. Security Provisions: Optional section when specific assets are being provided as additional security for the guarantee
3. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a corporation, including warranties about corporate authority
4. GST Provisions: Detailed GST treatment if relevant to the guaranteed obligations
5. Independent Legal Advice: Certificate section confirming the guarantor has received independent legal advice
6. Guarantee Limit: Optional cap on the guarantor's liability if agreed by the parties
7. Step-In Rights: Optional provisions allowing the guarantor to take over the lease in certain circumstances
8. Assignment and Transfer: Required if the guarantee can be assigned or transferred to new landlords
1. Schedule 1 - Lease Details: Key details of the guaranteed lease including premises, term, and rent
2. Schedule 2 - Guarantor Information: Detailed information about the guarantor(s) including contact details and required identification
3. Schedule 3 - Guaranteed Obligations: Itemized list of all obligations being guaranteed under the lease
4. Appendix A - Copy of Lease: Attached copy of the lease agreement being guaranteed
5. Appendix B - Independent Legal Advice Certificate: Certificate from legal advisor confirming advice given to guarantor
6. Appendix C - Security Details: Details of any security provided in support of the guarantee
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