The government standard legal templates reflect the position the Crown wants to take in the market.
Using the templates as a starting point will ensure a consistent approach is adopted by agencies when entering into lease agreements and pertinent clauses unique to government leases are not overlooked (for example, seismic rating provisions). Using the templates will also assist in increasing agencies ability to adapt, reuse and manage leased sites and to reduce the risk of the Crown entering into unfavourable leases.
The following government standard legal templates are currently available for mandated agencies and can be obtained by emailing us.
To be implemented where a landlord is required to complete fit-out or refurbishment works of a major or complex nature. The DA will be used to record the intention of the landlord and the tenant to enter into a new lease once the landlord has completed the agreed landlord works, and the tenant has completed its own fit-out works to the premises.
To be implemented where the building works required by either the landlord or the tenant are of a minor and/or less complex nature. The AOL may also be redrafted to be used in circumstances where little or no building works are required, but the parties need to record their agreement to enter into a new lease at a future date.
To be implemented where an agency is entering into a lease of the whole or a substantial part of a large or complicated building (or complex of buildings) for a lengthy fixed period, or where the premises are of particular strategic importance to the tenant (e.g. head office accommodation for a large or essential Government entity, or premises where security is particularly important.
To be implemented where the tenant is taking a lease of smaller premises, or a straightforward or less strategically important building.
To be implemented where the Tenant is taking a lease over only parts of a building (eg two floors).
To be implemented where there is a need to govern the relationship between agencies or departments co-locating within leased premises owned by a private landlord. The co-location agreement is drafted on the basis that each party has its own area for its staff and the parties jointly use the co-location areas.
To be implemented where there is a need to govern the relationship between agencies or departments co-locating within a Crown owned building. The co-location agreement is drafted on the basis that each party has its own area for its staff and the parties jointly use the co-location areas.
When using the government standard legal templates, agencies will need to amend the templates to reflect the specific deal. Such amendments will include inserting details particular to the agreement and may include deleting clauses that are not applicable or inserting additional clauses required.
If there is any doubt as to which government standard deed of lease template or development agreement template should be used, agencies can contact us for advice.