Commercial Lease Agreement Template Western Australia

COMMERCIAL LEASE AGREEMENT (WESTERN AUSTRALIA)

THIS COMMERCIAL LEASE AGREEMENT (the "Agreement") is made and entered into as of this [Day] day of [Month], [Year] (the "Effective Date").

1. PARTIES AND RECITALS

BETWEEN: [Lessor Name/Company Name] (ABN: [Number]) of [Lessor Address] ("Lessor");

AND: [Lessee Name/Company Name] (ABN: [Number]) of [Lessee Address] ("Lessee").

WHEREAS: A. The Lessor is the registered proprietor of the premises located at [Full Property Address], including all improvements, fixtures, and fittings (the "Premises"). B. The Lessor has agreed to lease, and the Lessee has agreed to lease, the Premises on the terms and conditions set forth herein, subject to the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (where applicable) and the common law of Western Australia.

2. OPERATIONAL DEFINITIONS

1. "Annual Rent": The base rent payable by the Lessee to the Lessor in the amount of [Dollar Amount] per annum, exclusive of GST.
2. "Business Day": Any day other than a Saturday, Sunday, or a public holiday in Perth, Western Australia.
3. "Commencement Date": The date specified in Item [Number] of the Schedule, being [Date].
4. "GST": Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5. "Outgoings": All reasonable costs and expenses incurred by the Lessor in connection with the maintenance, operation, and management of the Premises, including rates, taxes, insurance premiums, and utility charges.
6. "Permitted Use": The use of the Premises exclusively for [Specified Commercial Activity].
7. "Term": The period of [Number] years commencing on the Commencement Date and ending on the Expiry Date.

3. SUBSTANTIVE TERMS AND OBLIGATIONS

1. Grant of Lease: The Lessor leases the Premises to the Lessee for the Term, subject to the covenants contained herein.
2. Rent Payments: The Lessee shall pay the Annual Rent in monthly installments, payable in advance on the first day of each calendar month via electronic funds transfer to the Lessor’s nominated account.
3. Outgoings: The Lessee shall be liable for and shall pay all Outgoings attributable to the Premises, either directly to the service provider or by reimbursement to the Lessor within 14 days of receipt of a valid tax invoice.
4. Permitted Use: The Lessee shall use the Premises strictly for the Permitted Use and shall not conduct any activity that constitutes a nuisance or violates local zoning laws or planning schemes in Western Australia.
5. Maintenance and Repair: The Lessee shall keep the Premises in good and tenantable repair, fair wear and tear excepted. The Lessor shall maintain the structural integrity of the building, including the roof, walls, and foundations.
6. Insurance: The Lessee shall maintain Public Liability Insurance for a minimum sum of [Dollar Amount] and shall provide a Certificate of Currency to the Lessor annually.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Events of Default: An Event of Default occurs if: a) The Lessee fails to pay Rent or any other sum due within 14 days of the due date; b) The Lessee breaches a material obligation under this Agreement and fails to remedy said breach within 30 business days of receiving written notice from the Lessor; c) The Lessee enters into insolvency, liquidation, or administration.
2. Remedies: Upon an Event of Default, the Lessor may, without prejudice to any other rights: a) Re-enter the Premises and terminate the lease; b) Recover all arrears of rent and damages arising from the breach; c) Forfeit the Security Deposit held under this Agreement.
3. Notice Periods: Any notice required under this clause shall be served in writing and deemed received two business days after posting or upon electronic delivery confirmation.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
2. Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.
3. Force Majeure: Neither party shall be liable for failure to perform its obligations (except payment obligations) due to events beyond their reasonable control, including acts of God, war, or government-mandated lockdowns.
4. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Western Australia.
5. Dispute Resolution: In the event of a dispute, the Parties shall first attempt to resolve the matter through mediation. If unresolved within 30 days, the dispute shall be referred to the courts of Western Australia.

6. FORMAL EXECUTION BLOCK

EXECUTED as an Agreement:

SIGNED for and on behalf of [Lessor Name] by its authorised representative:

Signature [Name of Signatory] [Title] Date: [Date]

SIGNED for and on behalf of [Lessee Name] by its authorised representative:

Signature [Name of Signatory] [Title] Date: [Date]