Commercial property law — Checklist of issues to consider in relation to an agreement for lease

Introductory note:
A landlord and a tenant enter into an agreement for lease when certain requirements need to be satisfied before the lease can take effect, such as:
1.	the current tenant needs to move out of the premises;
2.	the premises needs to be built, renovated or fitted out; or
3.	the consent of another party (eg council) is required.
It is a binding agreement between the parties and sets out the requirements which must be satisfied before the lease takes effect. The draft lease is usually attached to the agreement for lease.
This checklist provides a list of the common items that a landlord or a tenant should consider incorporating into an agreement for lease.

How to use this checklist:
This checklist does not cover every issue and legal practitioners should adapt the list according to the parties, the type of premises and the nature of the tenant’s business.

Other notes:
1.	This checklist does not apply to residential leases.

Links to related content:
1.	See “Agreements for lease” in Leasing property in the Practical Guidance, Business module.