Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Signing a commercial lease is a big moment for any small business - and it often comes with a request for a “bank guarantee for lease”.
If your landlord has asked for one, you’re not alone. Bank guarantees are a common form of security in Australian commercial and retail leasing, but the rules and risks aren’t always obvious.
In this guide, we’ll explain what a bank guarantee is, how it works in practice, the pros and cons compared with a cash bond, the key clauses to negotiate, and the legal steps to take before you sign. Our goal is to help you manage risk, protect your cash flow and secure a lease on terms that support your business - not hinder it.
What Is A Bank Guarantee For A Lease?
A bank guarantee for a lease is a written promise from your bank to the landlord that the bank will pay a specified amount on demand if you default on the lease (for example, unpaid rent, outgoings or make-good costs).
Think of it as a substitute for a cash security deposit. Instead of handing over cash to the landlord, you arrange a guarantee from your bank for an agreed amount (often 3-6 months’ rent plus GST). If everything goes smoothly, the guarantee is returned (or cancelled) at the end of the lease.
Landlords like bank guarantees because they’re usually “unconditional” - the bank must pay when properly called upon, even if you dispute the landlord’s claim. That’s why it’s crucial to understand the wording and negotiate practical protections up front. For a broader overview of how these instruments work in Australia, see this explainer on bank guarantees.
How Does A Bank Guarantee Lease Arrangement Work In Practice?
Here’s how the process typically unfolds from a tenant’s perspective.
1) Agree The Security In Principle
As part of lease negotiations, you and the landlord agree on the form of security (bank guarantee vs bond), the amount, and when it must be provided. This is usually captured in the heads of agreement or the draft lease.
2) Apply With Your Bank
You apply to your bank for the guarantee. The bank will assess your credit and may require security (e.g. a term deposit or other collateral). Expect an establishment fee and an ongoing fee while the guarantee is live.
3) Issue & Deliver The Original
Once issued, the bank produces an original paper guarantee in the landlord’s favour. The lease will usually require you to deliver the original instrument (and to keep it current for the lease term, including options and any holdover).
4) Landlord’s Right To Call
If the landlord believes you’ve breached the lease, they can “call” on the guarantee by presenting it to your bank in line with the guarantee’s terms. Most guarantees are payable “on demand” and don’t require proof of default - which is why careful drafting in the lease and the guarantee wording is so important.
5) Replacement Or Return
At the end of the lease (including make-good), and once all amounts are paid, the landlord should return the original guarantee so it can be cancelled. Build clear timing and conditions for this into your lease to avoid delays and extra bank fees.
Bank Guarantee vs Cash Bond: Which Is Better For Your Business?
Both options secure the landlord against tenant default, but they affect your cash flow and risk differently.
Advantages Of A Bank Guarantee
- Preserves operating cash: You keep funds in your business (unless the bank requires a term deposit as collateral).
- Professional perception: Common in higher-value leases and can signal financial backing.
- Potentially flexible: You can negotiate terms like partial draws and return triggers in the lease.
Disadvantages Of A Bank Guarantee
- Fees and collateral: Banks charge establishment/ongoing fees and may require cash security.
- On-demand risk: Most guarantees are payable on demand, so disputes are resolved after the bank pays out.
- Administration: Originals must be stored and later returned; replacements may be needed if details change.
Advantages Of A Cash Bond
- Simplicity: No bank application process or annual fees.
- Lower on-demand risk: Landlord still needs to comply with the lease to access funds.
Disadvantages Of A Cash Bond
- Ties up cash: Reduces working capital at the start of your lease when you may need it most.
- Control: Funds sit with the landlord until they agree all obligations are met.
There’s no one-size-fits-all answer. Consider your cash position, the bank’s fees and collateral requirements, and the landlord’s expectations for your building or centre. If you’re in a regulated retail setting, also consider state-based retail leasing rules, like the Retail Leases Act (NSW), which set specific obligations around security and disclosure.
What Should The Bank Guarantee Say? Key Clauses To Negotiate
Two documents shape how your bank guarantee works: the lease and the guarantee instrument itself. You’ll often have more leverage negotiating the lease (the bank’s template wording is usually standard), so it’s important to lock in protections there.
Amount And Adjustments
Security is commonly set at 3-6 months’ base rent plus GST. Negotiate whether outgoings are included, and whether the amount increases on rent reviews or stays fixed. If your rent escalates annually, a fixed guarantee can help you control bank fees.
Expiry And Replacement
Landlords often require the guarantee to have no expiry, or to be kept current until the lease ends and make-good is complete. Where an expiry is unavoidable, build in a clear replacement process to avoid accidental breach.
When The Landlord Can Draw
The lease should limit calls to specific circumstances (e.g. unpaid rent not remedied after notice, or unpaid make-good invoices). You can also seek a requirement for prior written notice before a call is made, giving you a brief chance to pay and prevent a draw.
Partial Draws And Top-Ups
Allow partial draws so you’re only charged for what’s needed, and agree a reasonable timeframe to top up the guarantee after any draw (e.g. 10-20 business days).
Return Triggers And Timing
Set clear return triggers: after lease expiry, make-good completion and final payments, the landlord must return the original instrument within a set number of days. This matters because you typically keep paying bank fees until the guarantee is cancelled.
Beneficiary Details
Ensure the landlord’s legal name is accurate - if ownership changes later, the lease should require cooperation to assign or reissue the guarantee at the landlord’s cost.
Form Requirements
Many landlords prescribe exact wording. Ask for it early to avoid delays. If a deed is required for any related document (for example, a side deed around security), it’s worth reviewing what a deed means in practice so you’re clear on execution and enforceability.
Legal Steps Before You Sign The Lease
Your best opportunity to manage bank guarantee risk is before the lease is signed. Here’s a practical checklist.
Get The Lease Reviewed
A tailored Commercial Lease Review will identify where the landlord can call the guarantee, what notice (if any) is required, whether top-ups are reasonable, and how/when the guarantee must be returned. It’s also a chance to negotiate make-good, outgoings and assignment terms that may affect security later.
Understand Retail Leasing Rules
If your premises are a retail shop, state-based retail leasing laws (like NSW, VIC, QLD equivalents) impose disclosure and fairness requirements on landlords. In NSW, the Retail Leases Act sets rules around security and information landlords must provide; breaching these can have serious consequences for claims on your security.
Watch For Personal Guarantees
If you lease through a company, many landlords ask directors to sign a personal guarantee. This increases your personal risk if the business struggles. Before agreeing, weigh up the risks of personal guarantees, seek to cap liability where possible, and consider alternatives (e.g. a slightly higher bank guarantee in exchange for removing the personal guarantee).
Document The Security Clearly
Make sure the lease aligns with the bank’s guarantee wording. Where needed, use a formal Deed of Guarantee and Indemnity for any personal guarantees so the scope and limits are clear.
Plan The Timeline
Bank guarantees can take time. Build lead time into your heads of agreement and fit-out schedule so the guarantee is issued before the lease start date. Ask the landlord for their preferred format and delivery instructions early.
Managing Risk If The Landlord Calls On The Guarantee
Because most bank guarantees are payable on demand, prevention is better than cure. But if a call happens, here’s how to respond.
Act Fast On Notices
If your lease requires the landlord to give notice before calling, use the window to remedy the breach and confirm in writing. Keep records of payments, communications and any rectification steps.
Consider Your Dispute Options
After a draw, you may still dispute whether the landlord was entitled to the funds under the lease. Your options can include negotiation, mediation (common in retail leasing), and formal dispute processes. If you’re exiting the site, a negotiated Lease Surrender Agreement can be used to settle make-good and security return timing.
End-Of-Lease Checklist
- Complete make-good early and get the landlord’s inspection.
- Request written confirmation that all amounts are paid.
- Arrange the return of the original instrument by a set date.
If you’re considering an early exit or facing a dispute near the end of term, it’s wise to get targeted lease termination advice so the strategy around security, rent and make-good is aligned.
Common FAQs About Bank Guarantees For Commercial Leases
How Much Should The Bank Guarantee Be?
It’s commercial, but 3-6 months’ rent plus GST is common. Larger fit-outs or incentives may push the amount higher. Try to cap it and avoid automatic increases on rent reviews if you can.
Can I Avoid A Personal Guarantee If I Provide A Bank Guarantee?
Often, yes - it’s a negotiation point. Many landlords will accept a higher bank guarantee in exchange for removing or limiting a personal guarantee. Make sure any personal guarantee is properly documented and, if possible, capped.
Who Holds The Original Guarantee?
Usually the landlord (as beneficiary) holds the original. Keep a certified copy and track the return deadline in your calendar to stop ongoing bank fees.
What Happens If I Assign The Lease?
On assignment, the incoming tenant typically provides a new guarantee and the landlord returns yours once all liabilities up to the assignment date are settled. Ensure the assignment deed spells this out clearly.
Can The Bank Refuse To Issue A Guarantee?
Yes. Your bank assesses credit and may require a term deposit, other collateral or director guarantees. Shop around and factor establishment/annual fees into your leasing budget.
Key Legal Documents And Support
Before you commit to security, it helps to have the right documents and advice in place.
- Commercial Lease Review: A lawyer pinpoints clauses affecting when and how a landlord can call your guarantee, and negotiates practical protections.
- Deed of Guarantee and Indemnity: If a personal guarantee is unavoidable, put clear limits, triggers and releases in writing.
- Personal Guarantees: Understand the personal risk you’re taking on and ways to mitigate it.
- Retail Leases Act (NSW): For retail premises in NSW, check the specific rules that may impact security and dispute resolution (similar laws apply in other states).
- Bank Guarantees: A plain-English primer on how guarantees work beyond leasing (useful if your suppliers or customers ask for one).
Key Takeaways
- A bank guarantee for lease is an on‑demand promise from your bank to pay the landlord up to an agreed amount if you default.
- Choose between a bank guarantee and a cash bond based on cash flow, bank fees, collateral requirements and your landlord’s expectations.
- Negotiate the lease to control risk: limit when the landlord can call, require notice, allow partial draws, set fair top‑up periods and lock in clear return triggers.
- Plan ahead: bank guarantees take time to arrange and must match the landlord’s prescribed wording and delivery requirements.
- Watch for personal guarantees; where possible, remove or cap them and document any guarantee using proper legal instruments.
- Get your lease reviewed before signing so you understand your security obligations and can negotiate practical protections up front.
If you’d like a consultation about bank guarantees and your commercial lease, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
