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Termination Of Commercial Lease By Tenant Template for Australia

This document serves as a formal notice of termination of a commercial lease by a tenant under Australian law. It encompasses all necessary elements required by Australian commercial tenancy legislation, including proper identification of the lease and parties, specified termination date, legal grounds for termination, and compliance with notice periods. The document addresses key aspects such as make-good obligations, final account settlements, and premises handover procedures, while ensuring compliance with both state-specific retail and commercial leasing acts and general property law requirements.

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What is a Termination Of Commercial Lease By Tenant?

The Termination Of Commercial Lease By Tenant document is a critical instrument used in Australian commercial property relationships when a tenant needs to formally end their lease agreement. It is typically employed when a business needs to exit a commercial premises, whether at the natural end of the lease term or through early termination provisions. The document must comply with Australian state-specific commercial tenancy legislation and includes essential elements such as lease identification, termination date, notice periods, and handover requirements. It serves as official documentation of the tenant's intention to vacate and outlines all obligations and responsibilities of both parties during the termination process. This document is particularly important as it helps protect both parties' interests and ensures a clear record of the termination terms and conditions.

What sections should be included in a Termination Of Commercial Lease By Tenant?

1. Date and Address Block: Formal business letter heading with date and addresses of both parties

2. Lease Reference Details: Clear identification of the lease being terminated, including property address, original lease date, and any variations

3. Notice of Termination: Clear statement of intention to terminate the lease and the effective date

4. Legal Basis: Citation of relevant lease provisions and/or legislation supporting the termination

5. Notice Period Confirmation: Confirmation that the required notice period is being provided as per lease terms

6. Premises Handover: Details of arrangements for returning keys, removing possessions, and final inspection

7. Make Good Obligations: Reference to tenant's obligations regarding property condition upon vacation

8. Final Accounts: Statement regarding final rent, outgoings, and security deposit arrangements

9. Formal Closing: Standard letter closing with signature block and contact details

What sections are optional to include in a Termination Of Commercial Lease By Tenant?

1. Dispute Background: Include if termination is due to unresolved disputes or breaches

2. Outstanding Payments: Detailed section about any rent arrears or other unpaid amounts if applicable

3. Early Termination Fee: Include if breaking lease before end of term and fees apply

4. Assignment/Sublease Details: Include if termination involves existing subleases or assignments

5. COVID-19 Provisions: Include if termination relates to pandemic impacts or relevant legislation

6. Mutual Release: Optional mutual release of claims if agreed between parties

What schedules should be included in a Termination Of Commercial Lease By Tenant?

1. Schedule A - Property Condition Report: Current condition report and photographs of premises

2. Schedule B - Outstanding Payments Schedule: Detailed list of any outstanding amounts if applicable

3. Schedule C - Make Good Requirements: Specific list of required repairs or restoration work

4. Schedule D - Handover Checklist: List of items to be returned (keys, access cards, etc.)

5. Appendix 1 - Original Lease Agreement: Copy of the original lease agreement being terminated

6. Appendix 2 - Correspondence History: Copies of relevant prior notices or correspondence if applicable

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Termination Notice

Cost

Free to use

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