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Agreement To Exclude Security Of Tenure for Australia

Agreement To Exclude Security Of Tenure Template for Australia

An Agreement to Exclude Security of Tenure is a legal document used in Australian commercial and retail leasing arrangements where both parties agree to waive certain statutory protections regarding lease renewal rights. The agreement must comply with various state-specific retail leasing legislation and requires both parties to receive independent legal advice before execution. This document serves as evidence that the tenant has voluntarily agreed to give up their statutory rights to security of tenure, and includes declarations, acknowledgments, and confirmations of understanding from all parties involved.

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What is a Agreement To Exclude Security Of Tenure?

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.

What sections should be included in a Agreement To Exclude Security Of Tenure?

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

What sections are optional to include in a Agreement To Exclude Security Of Tenure?

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

What schedules should be included in a Agreement To Exclude Security Of Tenure?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Security Agreement

Sector

Cost

Free to use
Relevant legal definitions





















Clauses




















Relevant Industries

Real Estate

Retail

Commercial Property

Professional Services

Hospitality

Healthcare

Education

Manufacturing

Logistics

Financial Services

Relevant Teams

Legal

Property Management

Operations

Compliance

Real Estate

Facilities Management

Asset Management

Risk Management

Commercial Leasing

Corporate Services

Relevant Roles

Property Manager

Legal Counsel

Commercial Lease Manager

Real Estate Director

Facilities Manager

Business Owner

Operations Manager

Compliance Officer

Asset Manager

Property Portfolio Manager

Retail Operations Director

Commercial Property Lawyer

Leasing Executive

Corporate Real Estate Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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