Agreement to Lease Template (Australia)
For landlords and tenants before lease commencement
$89.00 +GST
Use this template to:
- Bind landlord and tenant to a lease before it commences;
- Record the premises, commencement date and permitted use in Schedule 2;
- Secure the tenant's obligations with a guarantor's guarantee and indemnity;
- Set a sunset date allowing either party to terminate.
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About this Document
An agreement to lease commits a landlord and a tenant to enter into a lease that has not yet been prepared or executed. This template records the terms binding both parties in the interim, includes a guarantee from a third-party guarantor and is drafted for execution as a deed.
Use this template if you:
- Have agreed the commercial terms but are not ready to sign the lease itself
- Need the tenant bound while the lease is drafted by the landlord's lawyer
- Want a guarantor to stand behind the tenant's obligations
- Need a fixed date by which the lease must be executed or the arrangement ends
It is suited to:
- Landlords granting a lease over premises they own
- Tenants committing to premises ahead of the commencement date
- Guarantors providing security for a tenant's performance
- Parties whose lease is still being drafted or negotiated
What this template covers:
- Definitions and interpretation, including GST terms drawn from the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
- Preparation of the lease by the landlord's lawyer, a 21 day execution window and escrow until the commencement date
- Restriction of the premises to the permitted use without the landlord's written consent
- A guarantee and indemnity from the guarantor, binding joint guarantors jointly and severally
- Consent procedures, service of notices and mediation through the Resolution Institute
- Legal costs, stamp duty and GST, with a drafting note on how duty differs between jurisdictions
- A sunset clause with mutual termination rights, refund of deposits within 10 Business Days and a carve-out where a party caused the delay
- Schedule 1 for the lease to be attached and Schedule 2 recording the landlord, tenant, premises address, commencement date, permitted use and sunset date
You receive an editable Word document with bracketed fields for each party's full name, ACN and address, the premises address, the commencement date, the permitted use, the sunset date and the governing State or Territory. Schedule 1 is a placeholder for the lease, which is not supplied with this template. Stamp duty on agreements to lease differs between States and Territories, so confirm the position in your jurisdiction and obtain tailored legal advice before executing.
How To Use This Template
This template is a starting point, not a final document. It’s been drafted by Australian lawyers to be practical and flexible, but it still needs to be reviewed and tailored for your specific business, transaction and risk profile.
Before you use it, you should:
- Complete all placeholders, bracketed items and optional fields;
- Remove any drafting notes or clauses that aren’t relevant to your situation; and
- Check that party names, entity details, dates, addresses, contact details and defined terms are accurate.
Make sure the template is consistent with your other documents and obligations – including any existing contracts, policies, procedures, website terms, privacy disclosures, regulatory requirements or internal governance documents. If anything conflicts, it should be resolved before you sign, issue, adopt or implement the document.
If you are using the template as an agreement, it should be reviewed and signed by all relevant parties in accordance with applicable law and your internal signing requirements. If you are using it as a policy, procedure, notice or compliance record, it should be approved and stored under your organisation’s normal document control processes.
This template is provided as general information only and is not legal advice. Complex, high‑value, highly regulated or cross‑border matters will usually require bespoke drafting. For anything outside a straightforward use case, we strongly recommend obtaining legal advice before relying on, signing or implementing this document.
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