It usually covers insurance during the construction of the property and all the guarantees that the incoming tenant receives from the contracting authorities and other contractors. This could be important, given that the tenant is responsible for the premises after the start of the lease and can possibly recover some costs in case of defective treatment. Landlords and tenants who wish to make their mark on the new premises must understand the extent to which they are committing by signing pre-contractual documents submitted to them. Leases are often used in commercial leasing to bind the parties to obligations for future leasing. In the recent case of Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd  WASCA 21 (“Vantage v Priolo”), the parties conducted preliminary negotiations and were found to have entered into an immediately binding agreement on the rental by mail order by email. Given all the circumstances, the court was satisfied that both the tenant and the landlord were ready and had bound themselves to a new lease and licence. Subsequent negotiations, transactions and communications between the parties (including their failure to agree and sign more formal rental documents) did not destroy the previously concluded binding agreement. In October 2014, Mr Darzi (tenant) and Mr Koorey (owner) entered into a pro forma agreement (HOA) drawn up by the tenant concerning the restaurant premises (premises). The conditions of the HOA were handwritten in the document.
WBHO argued that this was a Category 3 situation and that the parties had failed to agree on a formal lease. It also argued that the offer was only a lease negotiation agreement and was not binding. A contract is a legal agreement that is voluntarily entered into by two or more parties and creates obligations between them. To be enforceable, a contract must meet certain legal criteria (i.e., it must include an “offer”, “acceptance” and “consideration”; each of these terms has a specific legal definition). In almost all cases, you should consult a lawyer to make sure you have a legally binding lease.