Commercial tenancy forms
Specified by regulations under the Act
The landlord or their agent is required to provide prospective tenants with forms specified by regulations under the Act to enable proper assessment of a lease proposal. These documents are specified below.
Disclosure Statement - Form 1
The Disclosure Statement includes details about the proposed terms and conditions of the lease and must be given to the tenant at least seven days before entering into a lease.
Notice of Election - Form 2
If a retail shop lease contains a provision for rent to be determined, either in part or in whole, by reference to the turnover of the business, the tenant should receive a copy of the Notice of Election form before the provision was included. The tenant has the choice of electing to base the rent on turnover and in so doing needs to complete and provide the Lessor with this form.
Notice of Exercise of Option - Form 3
A Notice of Exercise under section 13(1) of the Act by which the option to renew a lease referred to in that section is exercised.
Tenant Guide - Form 4
The Tenant Guide provides information to retail/commercial tenants covered by the Act to help them understand their rights and obligations.
The Tenant Guide is a plain language document issued by the landlord and must be attached to the front of the lease document.
It is suggested professional advice be obtained from legal practitioners before using these forms but in summary:
- The Lessor is required to issue the Tenant with a Disclosure Statement (Form 1) and Tenant Guide; and
- The Tenant will issue to the Lessor a Turnover Rent Notice (Form 2) if agreeable to a rental assessment on that basis and to exercise an option will forward an Option Notice (Form 3).