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ARTICLE · 15 AUGUST 2019

Wait! Make sure your lease is in writing and signed before it commences

Without a written agreement, there is no evidence of the actual agreement reached with respect to essential lease terms.

AustraliaReal Estate and Construction

This is important whether you are a tenant or a landlord.

Without a written agreement in place, there is no evidence as to the actual agreement reached with respect to essential lease terms such as:

  • rent review dates and methods
  • outgoings that the tenant is required to pay
  • ownership of any fixtures affixed by the tenant or any items supplied by the landlord for the use and enjoyment of the tenant
  • responsibility of any liability or damages claims
  • responsibility of maintaining insurances
  • responsibility of maintaining, servicing and replacing any capital items or items supplied by the landlord for the benefit of the tenant
  • requirements and obligations of the tenant and the landlord upon expiry of lease or default of lease.

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