The Commercial Lease Notice of Default is a crucial document in Australian commercial property management that serves as a formal notification when a tenant has breached their lease obligations. It is typically issued when standard communications have failed to resolve the breach, such as non-payment of rent, unauthorized use of premises, or violation of other lease terms. The document must comply with Australian state and federal legislation, including the Retail Leases Act and Property Law Act, and should clearly specify the nature of the default, required remedial actions, and compliance timeframes. This notice often represents a critical step before pursuing legal remedies and must be carefully drafted to ensure enforceability and protect the lessor's rights while adhering to statutory requirements for commercial lease enforcement in Australia.
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1. Lessor Details: Full legal name and address of the landlord/lessor or their authorized agent
2. Lessee Details: Full legal name and address of the tenant/lessee
3. Lease Particulars: Key details of the lease including property address, lease reference number, and date of execution
4. Default Notification: Clear statement that this is a formal notice of default under the lease
5. Nature of Default: Detailed description of the breach(es) or default(s), including dates and specific lease clause references
6. Required Remedy: Clear statement of what action is required from the lessee to remedy the default
7. Timeframe for Remedy: Specific timeline within which the default must be remedied, in accordance with the lease and relevant legislation
8. Consequences of Non-Compliance: Statement of legal consequences if the default is not remedied within the specified timeframe
9. Date and Signature: Date of notice and authorized signature of lessor or their agent
1. Previous Notifications: Reference to any previous notices or communications regarding the default, used when there has been prior correspondence
2. Payment Details: Banking or payment information, included when the default relates to unpaid rent or other monetary obligations
3. Reservation of Rights: Statement preserving the lessor's legal rights, used in more serious breaches or when legal action is contemplated
4. Dispute Resolution Options: Information about available dispute resolution procedures, included when required by state legislation or lease terms
5. COVID-19 Provisions: References to relevant COVID-19 legislation and codes of conduct, if applicable to the default situation
1. Schedule A - Lease Extract: Relevant excerpts from the lease agreement showing the clauses that have been breached
2. Schedule B - Default Evidence: Documentation evidencing the default (e.g., unpaid rent statements, photographs of breach, incident reports)
3. Schedule C - Communication History: Chronological list of relevant prior communications regarding the default
4. Schedule D - Payment History: Statement of account showing payment history and amounts in arrears (if default is payment-related)
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