SKILLINGS Education

REVIEWING THE HOA – and the Due Diligence Required of the Team

About This Course

A Heads of Agreement (HOA) sets the framework for lease negotiations and outlines the key commercial terms before a formal lease is drafted. Whether binding or non-binding, this document forms the basis of the landlord-tenant arrangement and should be carefully managed by the Commercial Property Manager. Understanding how to draft, review, and negotiate the HOA is vital in shaping a legally sound, commercially viable lease.

You'll explore how to prepare an HOA using the tenant’s request, structure commercial terms accurately, and identify the non-negotiables versus flexible conditions. The course also covers the due diligence required to validate tenant information, assess legal capacity, and ensure lease agreements meet minimum legal requirements—including rent certainty, exclusive possession, and lease registration. With this knowledge, you’ll play a key role in avoiding legal disputes and ensuring smooth transitions into formal lease agreements.

By the end of this course, you will:

  • Understand the structure and purpose of a Heads of Agreement.
  • Identify what documents and terms must be included in the HOA.
  • Learn the due diligence required for lease validation.
  • Recognise legal requirements like exclusive possession, rent clarity, and lease term certainty.
  • Avoid common risks through careful drafting and negotiation of the HOA.

Topics Covered:

  • What is a Heads of Agreement
  • Drafting the HOA
  • What Terms are Included in a Heads of Agreement
  • Checks and Due Diligence
  • Concluding a Heads of Agreement

 

Course Duration:  Approximately 20 minutes

Access to Course:  7 days from date of purchase