The Tribunal found that an immediately binding tenancy agreement had been reached on the grounds that the parties wished to be linked because: the law recognizes four categories in the situation where the parties to the negotiations enter into some form of interim agreement and then enter into a formal contract. The tenant rented offices to the landlord. A portion of the premises was also leased to a subtenant. Prior to the expiry of the lease, the parties began negotiations for a new lease. Several emails and suggestions were exchanged to agree on conditions. This eventually led the lessor`s broker to e-mail a revised leasing proposal to the tenant and ask the tenant to “confirm in writing… that the revised proposal was acceptable… thus, the lessor`s lawyers could be responsible for drafting the file. In the recent case of Vantage Systems Pty Ltd/Priolo Corporation Pty Ltd  WASC 21, the Western Australia Court of Appeal found that an email exchange between a tenant and a landlord constituted an immediately binding lease and licence agreement, although the crucial question is whether the parties entered into a binding agreement on the lease of the restaurant premises under the Lease Agreement of June 15, 2016.
Leasing contracts can be very complicated, sometimes longer than the lease they support. However, the right way to treat them is undoubtedly beneficial for both the tenant and the landlord. The money saved by incorrect advice can be a bad saving, as each rental contract should be very suitable for individual premises and circumstances. The signing of a provisional agreement, for example an offer to rent a property. B may give rise to a binding obligation, even if the parties do not agree on all the terms of the formal lease. Interim commercial agreements are common for real estate leasing, land sales, business sales, joint ventures, franchises, delivery contracts and many other daily business agreements. They take all possible forms, such as. B the offer of lease contracts, contract manager, appointment sheet or memorandum of understanding (Memorandum of Understanding, MOU). In all the circumstances, the court was satisfied that both the tenant and the landlord were prepared to enter into a new lease and licence. Subsequent negotiations, trade and communication between the parties (including agreeing and signing more formal lease documents) did not destroy the previous agreement. Given the significant investments (both in terms of time and money) in the takeover or construction or equipment of commercial or retail buildings prior to the lease, it is important that landlords and tenants accept their requirements.