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 milestone for any Australian business. Alongside rent, fit-out and outgoings, your lease will likely require you to hold specific types of insurance at all times - often with strict limits, endorsements and evidence requirements.
Getting this right matters. The right cover protects your business if something goes wrong and keeps you compliant with your lease so you don’t risk default. The good news? With a bit of planning (and a careful look at your lease terms), you can set up practical, cost‑effective cover that aligns with your day‑to‑day risks.
In this guide, we’ll walk through the types of insurance commercial tenants typically need in Australia, key insurance clauses you’ll see in leases, how to align your policy wording with those clauses, and negotiation tips before you sign. We’ll also touch on special scenarios like assignments, subleases and fit‑out works.
What Insurance Do Commercial Tenants Typically Need?
Every lease and business is different, but these are the most common policies landlords require or tenants choose to hold in Australia.
Public Liability Insurance
Covers third-party personal injury and property damage claims arising at the premises (for example, a customer slips in your store). Leases often mandate a minimum sum insured (e.g. $10-20 million). This is the cornerstone policy for most tenants.
Glass (Plate Glass) Insurance
Many retail and office leases require cover for internal and sometimes external glass. Clarify whether “all glass” includes external shopfronts and whether the landlord’s building policy already covers the facade.
Contents, Stock and Fit‑Out
Protects your contents, equipment, stock and tenant improvements (fixtures and fit‑out) against events like fire, theft or storm damage. Check how “fixtures” are defined, and whether fit‑out is insured for full replacement value.
Business Interruption (BI)
Provides cashflow cover if an insured event (like fire) stops you trading. This can be critical for covering rent and wages during downtime. Ensure the BI policy period is long enough for realistic rebuild and reopening timeframes.
Product Liability
If you sell goods, product liability covers third-party injury or damage caused by your products. Often bundled with public liability for retailers and wholesalers.
Workers Compensation
Mandatory if you employ staff. This is regulated at the state and territory level, with minimum cover requirements set by local legislation.
Professional Indemnity
For service businesses that provide advice or professional services (e.g. consultants, designers). It covers claims for negligence or errors in your services. Some landlords request it for certain uses; even if not, it may still be prudent.
Cyber Insurance
If you handle customer data, process payments or rely heavily on systems, cyber cover can help with incident response, business interruption and regulatory costs after a cyber event.
Machinery Breakdown/Equipment Breakdown
Useful if you rely on critical equipment (e.g. refrigeration, manufacturing machinery). Check if your lease allocates repair responsibilities to you and insure accordingly.
Tip: Start with a risk assessment of your operations, the premises and your lease obligations. Then work with a broker or insurer to design a package that meets both your practical risks and the contract’s requirements.
What Do Lease Insurance Clauses Usually Say?
Commercial leases commonly include detailed insurance and risk clauses. Understanding the wording is essential before you bind cover or sign the lease.
Minimum Limits and Scope
Expect minimum sums insured for public liability (commonly $10m+), product liability and plate glass. Some leases also require coverage for “tenant’s fixtures and fittings” (fit‑out) and business interruption for a set period (e.g. 6-12 months).
Noting the Landlord’s Interest or Adding Parties
You may need to note the landlord, property manager or mortgagee as an interested party. Sometimes the lease asks for the landlord to be a co‑insured or for specific endorsements. Confirm exactly what your policy will say and ensure your insurer can provide it.
Certificates of Currency and Evidence
Leases often require you to provide a certificate of currency before commencement, on renewal and on request. Set a reminder to update these before expiry. Make sure the certificate actually reflects the required policy type, limit and interested parties.
Indemnities, Releases and Liability Caps
Leases typically include broad indemnities in favour of the landlord (for losses arising from your use/occupation). Where possible, negotiate balanced indemnities and practical carve‑outs (e.g. losses caused by landlord negligence). Align your policies and endorsements to support the final risk allocation and consider how limitation of liability clauses in your other contracts interact with the lease.
Building Insurance vs Tenant Insurance
Landlords generally insure the building and structural elements; tenants insure fit‑out, contents and operations. Check your lease and clarify responsibilities early, including who pays premiums via outgoings. If you’re unsure, review who typically pays for building insurance and how that’s reflected in your lease.
Excesses and Outgoings
Some leases push certain insurance excesses or landlord’s insurance shortfalls onto tenants. Understand where these costs sit and whether caps or carve‑outs are possible.
Subrogation and Waivers
Check for mutual waivers of subrogation so each party’s insurer doesn’t pursue the other for claims covered by insurance. Your insurer may need to endorse the policy to permit this, so line it up during placement.
Damage and Destruction
Leases often contain damage/destruction clauses (e.g. rent abatement during rebuild, termination rights if the premises are unusable for an extended period). Ensure your BI cover and lease settings work together, and consider a documented rent abatement agreement if you need additional clarity.
How To Align Your Insurance With The Lease (Step‑By‑Step)
1) Get The Draft Lease Reviewed
Before you bind cover, have the insurance clauses, indemnities, make‑good and risk allocation reviewed. A targeted Commercial Lease Review can flag red‑flag requirements (like unusually high limits or onerous endorsements) so you can negotiate and brief your broker properly.
2) Map Your Risks and Assets
List your operational risks (customer foot traffic, products sold, equipment reliance, data handling), then inventory your assets (stock, equipment, fit‑out) with replacement values. This will guide policy selection and sums insured beyond the minimum lease requirements.
3) Brief Your Insurer/Broker Against The Lease
Provide the broker with the draft lease, use and floor plan. Ask them to match the wording: minimum limits, noted interests, waivers of subrogation, any special endorsements. Confirm what is excluded (and whether exclusions clash with lease obligations).
4) Check Certificates Of Currency Wording
Ensure certificates explicitly reflect: correct insured name, premises address, policy type, period of cover, sums insured and required interested parties. Keep copies in a compliance folder you can send to the landlord on request.
5) Set Renewal Reminders and Evidence Processes
Most leases require ongoing evidence of insurance. Add calendar reminders for policy renewals and certificate refreshes, and nominate a single contact to liaise with the landlord so evidence is sent on time.
6) Align Your Other Contracts
Make sure your supplier and customer contracts don’t create uninsured exposures. For example, if you promise higher liability caps elsewhere, check that your insurance responds. Where helpful, align your terms so risk is managed consistently across your agreements and your lease.
Negotiation Tips: Shifting Or Sharing Risk Before You Sign
You can often fine‑tune insurance and risk clauses when negotiating heads of agreement or the lease draft. Here are practical ideas to discuss.
- Match Cover To What You Control: If the landlord controls the facade or base‑building, push to remove “all glass” obligations or limit them to internal glazing you can actually protect and maintain.
- Reasonable Sums Insured: Benchmark liability limits with your broker. If the landlord asks for unusually high limits, request evidence of why that’s required for your use or building.
- Evidence And Cure Periods: Build in reasonable timeframes to provide certificates of currency and to rectify any lapses before a default can be claimed.
- Balanced Indemnities: Carve out landlord negligence and consequential losses where possible, and line up the wording with your insurer. Reasonable, mutual risk allocation is easier (and cheaper) to insure.
- Damage/Destruction Settings: Include clear rent abatement triggers and realistic timeframes for reinstatement. Confirm your BI policy period actually covers the likely downtime.
- Waiver Of Subrogation: Seek a mutual waiver where appropriate and ensure your policy allows it.
- Clarify Building Insurance: Spell out who insures what (structure vs fit‑out) and who pays the premiums via outgoings, so there’s no double‑insurance or gaps. If in doubt, point to market practice around building insurance.
- Security For Lease: If the landlord requires a security deposit or bank guarantee, make sure the wording aligns with the lease and your insurance strategy. Our guide to bank guarantees explains the key features to watch.
- Guarantor Exposure: If you’re asked to give a director’s guarantee, understand how it interacts with the lease risks you’re taking on and your insurance back‑stop. Learn what to consider with personal guarantees before you sign.
A bit of upfront negotiation can reduce premiums, prevent uninsured exposures and avoid disputes later. It’s worth the effort.
Special Scenarios: Subleasing, Assignments And Fit‑Out Works
Subleasing Part Of Your Space
If you bring in a subtenant, your lease will usually require the subtenant to meet the same insurance standards you do. Pass those obligations through clearly in a Commercial Sublease Agreement and ensure their policies note the right interested parties.
Assigning Your Lease
On assignment, the incoming tenant typically must provide certificates of currency that meet the lease. Make this a condition of the assignment documentation and have the landlord confirm acceptance before completion. A formal Deed of Assignment of Lease should address who is responsible for any claims arising before and after assignment.
Fit‑Out And Contractor Works
Leases often make you responsible for fit‑out risks. Check whether contract works insurance is required, and ensure your contractors carry appropriate cover (public liability, workers comp, professional indemnity where relevant). Ask your broker whether your policy can extend to principal’s indemnity or contractor activities during works, as the landlord may expect this.
Damage, Access And Termination Events
If the premises become unusable after an insured event, your lease’s damage/destruction and access clauses determine rent relief and termination rights. Align these with your BI cover and, where needed, consider documenting specific settings in a side letter or rent abatement document so everyone is clear on the process.
Early Exit Or Disputes
Disputes about insurance compliance or liability can escalate quickly. If you’re considering early exit or you receive default notices tied to insurance, it’s wise to get advice about your options, including practical steps to rectify, renegotiate, or manage without triggering a breach route.
Key Takeaways
- Your commercial lease will likely mandate specific insurance types, limits and endorsements - make sure your policies match the exact wording.
- Public liability, glass, contents/fit‑out and business interruption are common, with workers comp mandatory if you employ staff; consider product liability, cyber and professional indemnity where they fit your risks.
- Understand the risk clauses: indemnities, subrogation waivers, damage/destruction and building insurance responsibilities should all line up with your cover.
- Get the draft lease checked early, brief your broker against the contract, and verify certificates of currency say exactly what the lease requires.
- Negotiate practical changes before you sign - right‑sized limits, balanced indemnities, clear rent abatement and sensible evidence/cure periods can lower risk and cost.
- For subleases, assignments and fit‑out works, flow down insurance obligations and confirm cover is in place before handover or commencement.
If you’d like a consultation on insurance clauses in your commercial lease or a tailored Commercial Lease Review, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
