Leases (Commercial and Retail) Act 2001 
Approved form AF2003-4

Approved by the Chief Minister on 13 February 2003 under the Leases (Commercial and Retail Act 2002, section 157A

Leases (Commercial and Retail) Act 2001 
Australian Capital Territory

Disclosure Statement (provides clear information to tenants prior to entering into a lease to ensure all terms of the tenancy are fully understood and transparent)

DISCLOSURE STATEMENT

LEASES (COMMERCIAL & RETAIL) ACT 2001

ADVICE TO TENANTS (& SUBTENANTS)

Before signing agreements to lease or leases you should ensure you fully understand the documents.  If you have any doubt you should seek independent legal advice.  This document must be given to you at least 14 days before you enter into a lease unless you have waived or varied the time period.  The owner is required to tell you of the existence of the approved handbook and provide you with a copy of the form of the proposed lease as early as practicable in the negotiations.  Make sure you have these documents before you sign anything.

This document is:
•	not a binding agreement or an offer.
•	important and should be kept with the lease.
NOTE : Where there is insufficient space on this form, please attach additional sheets.

SECTION 1 - GENERAL DETAILS

Owner
		
Premises Address/Shop No.
		
Lettable area (approx m2)
		
Permitted use of Premises
		
Lease Period
	___/___/20__  to ___/___/20__	
Option Periods (if any)
		
Date on which premises will be available for occupation by the tenant
		
All amounts are exclusive/inclusive of GST
		
Tenant’s insurance - public liability amount
		
Security (ie personal guarantees, bank guarantees or security bond)
		
State Lessor’s Accounting Period if not a financial year.		

SECTION 2 - RENT

Rent- State method for calculating rent:

Formula

Rent Review Dates and method for each review
- during the Term and any further term
(CPI or market or fixed increase by % or other)

	eg date - increase by 5%	

SECTION 3 - FINISHES AND MAKE GOOD DETAILS

Owner’s requirements as to quality and standard of fittings in premises

Finishes, fixtures, fittings, equipment and services provided by the owner AND who is responsible to maintain, insure, repair or replace them

Finishes, fixtures, fittings, equipment and services provided by the tenant and who is responsible to maintain, insure, repair or replace them

Make good requirements at end of lease

SECTION 4 - OUTGOINGS (DELETE IF NOT APPLICABLE)

ESTIMATED OUTGOINGS TO BE PAID BY TENANT

DETAILS OF OUTGOINGS	Estimate
$p.a.	DETAILS OF OUTGOINGS	Estimate
$p.a.	

Air Conditioning/
Ventilation

Audit fees		
Building Intelligence &
Emergency Systems
		Cleaning		
Car Parking
		Child Minding		
Electricity
		Energy Management
Systems		
Fire Protection
		Gardening		
Gas & Oil
		Insurance		
Land Tax
		Lifts and escalators		
Management Costs
		General rates		
Pest Control
		Provision for
Maintenance		
Public Address/Music
		Repairs and
Maintenance		
Security
		Sewerage Disposal & Sullage		
Signs
		Telephones (Public)		
Uniforms		Water & Sewerage
Rates and Charges

Additional outgoings to be borne by tenant (specified as to item and amount)
		
Proportion of outgoings payable by tenant if tenant is not liable for the total amount.  (Formula used in calculating amount.)		
Outgoings that may not be recovered from tenant
	Depreciation	

SECTION 5 - SHOPPING CENTRE DETAILS
(DELETE IF PREMISES ARE NOT IN A SHOPPING CENTRE)

Name of Shopping Centre
		
Address of Shopping Centre
Suburb/Town/Postcode		
Number of Premises in Shopping Centre
		
Total Lettable Area of Shopping Centre (approx m2)
		
Core trading hours 
(ie the times when the premises in the shopping centre are required to be open for business)
		
Estimate of tenant’s contribution to shopping centre advertising and promotion (if any)
	Yes       No 

$            per annum	
Number of carparking bays for customers
		
Number of carparking bays for tenants

Is there a tenants association?
If yes, attach details of constitution, voting rights and conditions, including contributions
	Yes       No 
	
Facilities and services provided by the owner
		
Changes or developments planned by the owner and timing of any changes or developments for:
1.	Shopping Centre

2. Surrounding roads	1.

2.

	
Tenancy Mix	Floor plans are attached showing, in the case of a new shopping centre, the proposed tenancy mix for the centre, including the location of common areas and kiosks within the centre, and in the case of an existing shopping centre the existing and any proposed tenancy mix, and the location of common areas and kiosks within the precinct.
	
Tenant acknowledgement
	Subject to the lease or agreement for lease, the tenant acknowledges:

•	the owner may grant leases and licences to other persons which may operate a business in competition with the tenant.

SECTION 6 - DETAILS OF AGREEMENTS OR REPRESENTATIONS

Give details of any other agreements between owner and tenant, or representations made by owner or tenant (including undertakings given in relation to exclusivity or limitations on competing uses agreed between the parties)	

	

SECTION 7 - DECLARATION BY OWNER

I acknowledge that all details and statements in this Disclosure Statement are true and correct.

Name of owner:	
Address of owner:	
Signature of owner or owner’s representative:
Date:

SECTION 8 - DECLARATION BY TENANT

I acknowledge receipt of this Disclosure Statement and will return it to the owner.  This document is not binding or an offer.
Name of tenant:	
Address of tenant:	
Signature of tenant or tenant’s representative:
Date:
Time of receipt: