• The full name of the lessee (ie the tenant) - is the lessee renting in the name of an incorporated body or are individuals or partners acting as trustees for an unincorporated association?
  
  
• Details of the premises - address, suite number, floor number, floor area. Are toilets or car parking spaces included? What are the premises to be used for and is access adequate? What amenities are included (eg air conditioning) and who is responsible for maintenance?
  
  
• Term of the lease - ie when does the right to occupy begin and when does it end? Is an option to extend beyond this first term required? How can this option be taken up?
  
  
• Holding over - what rights are given to continue as a tenant when the term of the lease expires? Does the lessee have the option to renew and continue the lease on expiry of the term and, if so, on what terms?
  
  
• Rent and outgoings - what is the present rent? How much can it be increased each year? Is the business required to pay any of the owner's outgoings (ie rates, insurance, maintenance, land tax, GST, etc)? Is the lessee required to pay for all the outgoings or only a proportion of these?
  
  
• Additions and improvements - is the lessee required to leave or remove any additions, improvements and fixtures made during the term of the lease?
  
  
• Maintenance - who has responsibility for keeping the premises in good repair? Is the lessee to be responsible for repainting the interior? How often?
  
  
• Legal costs and disbursements including stamp duty - stamp duty on the lease and/or additional stamp duty as the rental increases is invariability a lessee's expense. Does the lessee also have to pay the lessor's legal costs and other disbursements? Are these to be subject to assessment or review?
  
  
• Abatement and destruction - if the building is badly damaged, can the lessee get out of the lease? How much notice must be given? Are there pre-conditions? Will rent payments stop if the business cannot use the building?
  
  
• Cleaning and repairs - does the lessee have to repair or re-carpet the premises now, during or after the lease? What other cleaning and repairs are required?
  
  
• Sub-letting and licensing - is it possible to share the premises with other people? Can the lease be transferred to someone else? Subject to what conditions?
  
  
• Insurance - what insurance must be taken out by the lessee and does the lessor's name have to be included on the policy?
  
  
• Indemnities - does the lease make the lessee responsible for all damage or injury occurring on the premises, even if it is the fault of the owner (eg inadequate maintenance etc)? Will insurance cover this?
  
  
• Default - how inflexible is the lease if the rent is paid late or other breaches of the lease occur? Is a warning given to make good the problem? Is interest payable on overdue rent?
  
  
• Lessor's rights - can the lessor terminate the lease prematurely, even if no lease conditions are broken? Under what circumstances can the lessor come onto the premises (eg for inspections, renovations or repairs)? How much notice is required?
  
  
• What is the permitted use under the lease? What are the required hours of opening? Of access? Is there an exclusivity of area of operation? It is crucial to check that the intended use is permitted under the lease. Some leases will not allow any deviation from the use of premises stated in the lease. This can sometimes result in a lessee not being able to use the premises for a related business use and restrict the opportunity for transferring the lease. For example, even if the business intends to start up selling ‘country style furniture', it would be better to ask for a more general usage description such as ‘furniture, household appliances and gift store'.
  
  
• Is the council zoning suitable for the proposed use? Is development approval required and has it been obtained for the intended use? If a previous approval is relied on, what are the conditions of the approval? Prudent inquiry should be made from the local council.
  
  
• Other - careful note should also be taken of the insurance requirements. Sometimes, public liability or other insurance can be difficult to obtain, for example, in the case of takeaway food shops.
  
  
• Where a bond is required from the lessee - it should be considered whether a bank guarantee or the appropriate amount may be obtained instead of the payment of the bond. Is the lessor the registered owner of the premises?
  
  
• Can signs be put up? Are individuals required to guarantee to pay the rent if the organization cannot? Are legal costs subject to any assessment or review? Will the lease be registered at the Land & Property Information Office to protect the tenancy in case the premises are sold?

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