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Deed Of Variation Commercial Lease Template for Australia

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Key Requirements PROMPT example:

Deed Of Variation Commercial Lease

"I need a Deed of Variation Commercial Lease to extend our existing retail shop lease for an additional 5 years from March 2025, with a 15% increase in annual rent and updated outgoings provisions."

Document background
The Deed of Variation Commercial Lease is a critical document used in Australian commercial property transactions when parties need to modify an existing lease without creating an entirely new agreement. This document is typically required when substantial changes to lease terms are needed, such as variations to rent, lease term, premises area, or other fundamental provisions. It must comply with Australian state and federal legislation, including property law requirements and specific deed execution protocols. The document ensures that variations are properly documented, legally enforceable, and maintain the integrity of the original lease while implementing agreed changes. It's particularly important for risk management and maintaining clear records of the parties' agreements, especially in cases where the variations might affect security interests or require registration.
Suggested Sections

1. Parties: Identification of all parties to the deed, including the original landlord and tenant, and any new parties

2. Background: Recitals explaining the existence of the original lease, reason for variation, and parties' intention to vary the lease

3. Definitions: Key terms used in the deed, including reference to original lease definitions and any new definitions specific to the variation

4. Interpretation: Rules for interpreting the deed, including relationship with original lease

5. Operative Date: Specifies when the variations take effect

6. Confirmation of Lease: Confirms the original lease remains in force except as varied by this deed

7. Variations: Clearly specified changes to the original lease, with reference to specific clauses being varied

8. Costs: Responsibility for costs associated with the preparation and execution of the deed

9. GST: GST treatment of any payments under the deed

10. General Provisions: Standard boilerplate provisions including governing law, severability, and entire agreement

11. Execution: Formal execution provisions meeting deed requirements

Optional Sections

1. Consent of Mortgagee: Required if there is a mortgagee whose consent is needed for the variation

2. Guarantor Provisions: Required if the original lease has guarantors who need to confirm their ongoing obligations

3. Registration: Required if the variation needs to be registered on the title

4. Bank Guarantee/Security Deposit: Required if there are changes to security arrangements

5. Condition Precedent: Required if the variations are subject to certain conditions being met

6. Representations and Warranties: Additional confirmations required for complex variations

Suggested Schedules

1. Schedule 1 - Original Lease Details: Summary of key details from the original lease including date, parties, and premises

2. Schedule 2 - Varied Terms: Detailed presentation of the varied terms, showing both original and new versions

3. Schedule 3 - Calculation of Revised Rent: If rent is being varied, detailed calculations and new rent schedule

4. Schedule 4 - Plans: If premises are being varied, plans showing changes to the leased area

5. Appendix A - Copy of Original Lease: Complete copy of the original lease being varied

6. Appendix B - Required Consents: Copies of any third-party consents required for the variation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses























Relevant Industries

Real Estate

Retail

Commercial Property

Office Space

Industrial

Warehousing

Healthcare

Hospitality

Professional Services

Manufacturing

Logistics

Education

Relevant Teams

Legal

Property Management

Operations

Facilities

Commercial

Risk & Compliance

Corporate Services

Real Estate

Administration

Finance

Relevant Roles

Property Manager

Facility Manager

Legal Counsel

Commercial Lawyer

Real Estate Manager

Asset Manager

Operations Manager

Lease Administrator

Commercial Property Director

Risk Manager

Company Secretary

Business Development Manager

Corporate Services Manager

General Counsel

Leasing Executive

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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