Drafting a Commercial Lease (SMSF)

WHAT’S IT FOR?

An SMSF Commercial Lease Agreement sets out the rights and obligations of the owner of a commercial property (the SMSF) and another party that has agreed to occupy the property (known as the tenant or lessee). It covers important matters including the length of the lease, termination rights, defects management, outgoings, fit-out works, limits on use of the premises, sub-letting, and other rights and responsibilities of the landlord and tenant. Additionally, the Commercial Lease Agreement must comply with superannuation rules.

WHAT’S INCLUDED?

We’ll prepare a Commercial Lease (SMSF) for your business and advise you on your legal rights and obligations.

This package includes:

• Preparing the Commercial Lease (SMSF)
• Conducting and reviewing one title search on the leased premises
• Phone consultations (up to 60 minutes) with a Sprintlaw lawyer who will take your instructions, advise you on the legal issues you need to know and answer your questions about the documents
• 1 x complimentary amendment to the final draft we provide you, as long as you request the amendment within 10 business days of us delivering the final draft

Please note that this package does not include:

• Re-drafting or marking-up the document. If re-drafting or marking-up is required, we will provide a new quote.
• Assistance with registration of the lease, tax advice or advice around the licences or permits required to carry on the intended business at the premises.
• Any direct negotiations or correspondence with the counter-party or their lawyers, or reviewing any responses from the counter-party or their lawyers to the list of requested changes. If you need further negotiation support or additional rounds of review, we will provide a new quote.
• Any employment, tax, accounting or other compliance issues.

Important: You may required to register your lease in certain States. While your lawyer may give you general advice around these requirements, this does not include assistance with registration. Usually you are able to do this yourself however, if not, we can connect you with our partners who will assist with the registration process at an additional fee.

Please also note that we will act for the SMSF (as landlord) in preparing this package rather than the party or related party that the SMSF is leasing to.