The Agreement To Exclude Security of Tenure is a crucial document in Australian commercial and retail leasing arrangements when parties wish to opt out of statutory protections regarding lease renewal rights. This agreement is typically used when landlords require flexibility in their future leasing arrangements or when specific commercial circumstances necessitate the exclusion of security of tenure provisions. The document must be executed before the lease commencement and requires both parties to obtain independent legal advice to ensure they understand the implications of waiving these statutory rights. It includes formal declarations, acknowledgments of understanding, and confirmation of voluntary participation. The agreement must comply with relevant state-specific legislation and common law principles governing commercial and retail leases in Australia.
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1. Parties: Identification of the landlord and tenant, including full legal names and addresses
2. Background: Context of the agreement, including details of the primary lease and property
3. Definitions: Definitions of key terms used in the agreement, including 'Lease', 'Premises', and 'Security of Tenure'
4. Acknowledgment of Rights: Statement acknowledging the statutory rights being waived and confirmation that parties understand these rights
5. Declaration of Independent Legal Advice: Confirmation that both parties have received independent legal advice about the implications of the agreement
6. Agreement to Exclude: The core agreement where parties explicitly agree to exclude security of tenure provisions
7. Voluntary Nature of Agreement: Confirmation that the agreement is being entered into voluntarily and without duress
8. Timing and Effect: When the agreement takes effect and its relationship to the main lease
9. Execution: Signature blocks for all parties and witnesses
1. Consideration: Details of any consideration provided for entering into this agreement, used when specific compensation or benefits are being provided
2. Related Documents: Reference to other relevant documents, used when there are multiple related agreements or variations
3. Dispute Resolution: Procedures for resolving disputes, included when not already covered in the main lease
4. Severability: Clause ensuring remaining provisions survive if any part is found invalid, included in more comprehensive versions
5. Governing Law: Specification of governing law and jurisdiction, included when not already covered in the main lease
1. Schedule 1 - Details of the Lease: Key details of the primary lease including date, parties, and premises
2. Schedule 2 - Statement of Legal Advice: Formal statements from legal advisors confirming advice provided to each party
3. Schedule 3 - Statutory Declarations: Statutory declarations from parties confirming understanding and voluntary nature of agreement
4. Appendix A - Copy of Legal Advice: Copies or summaries of legal advice received (with privileged content removed)
5. Appendix B - Relevant Statutory Provisions: Copy of the relevant provisions of the Act being excluded for reference
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Relevant Teams
Legal
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Compliance
Real Estate
Facilities Management
Asset Management
Risk Management
Commercial Leasing
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Relevant Roles
Property Manager
Legal Counsel
Commercial Lease Manager
Real Estate Director
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Retail Operations Director
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Leasing Executive
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