Leasing

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GUEST OBSERVER
Leasing commercial office space can be a tricky business. You need to find office space that will suit the needs of your business and match the projected vision for your business growth, at the right price.
Leasing an office or commercial space is likely to be one of the most costly overheads for your business, so it’s crucial to secure the right property, and know what you’re doing in the process. This is, after all, a business transaction, so take your time and get to know some of the ‘lease speak’. Here are our 7 top tips for tenants when negotiating a commercial lease.
Tip 1
Never agree to an upwards only market review – this is known as a ‘ratchet review’ and it moves in one direction only - upwards.
Tip 2
Always ensure that you have flexibility in your market reviews. You can achieve this through a ‘Cap and Collar’ review whereby the rent can go up by a fixed amount, as much as it can go down by a fixed amount.
Tip 3
Never agree to a ‘make good clause’ in your lease until you know all of the details. A ‘make good cause’ refers to a tenant’s obligations at the end of a lease such as removing their fit-out and reinstating back to “Base Building.”
Always request a ‘make good scope’ from the landlord and ensure that your independent tenant rep has reviewed the scope so that you know the extent of your liabilities before you sign your lease.
Tip 4
Don’t sign your lease until you have had it independently reviewed by an independent tenant rep which may result in greater savings.
Tip 5
Always ensure that your tenant rep is independent, not a property company who could have business relationships with landlords. 
Tip 6
Don’t run out of time in your lease negotiations – some landlords play slowly on purpose to corner you. Start early and leave enough time so that you can walk away from the deal and leverage off other options.
Here are some timeframes
●     200Sqm to 500Sqm (9 Months before lease expiry)
●     1,000Sqm to 2,000Sqm (18 months before lease expiry)
●     Over 3,000Sqm (18 to 24 months before lease expiry)
Tip 7
Understand the real estate and financial needs of your landlord. A landlord will want to keep their Face Rent at market to maintain or increase the value of the property.
It makes sense to negotiate harder on incentives, annual increments, fit out etc, and a rent abatement to reduce the overall annual rent despite the market Face Rent – this keeps both parties happy.
 
Mark McGrath is Principal of Tenant Representation Services. He can be contacted <a href="https://tenantrep.com.au" target="_blank">here</a>.
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Seven leasing tips for potential tenants

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Real estate investment manager Cromwell Property Group has seen increased demand at its Mary Street commercial tower.
Cromwell has signed more than 13 new leasing deals at its Mary Street asset, predominantly with ASX-listed professional services companies.
The office tower is now close to 90% occupancy with the new tenants joining long-standing occupants Arthur J Gallagher, Australian Associated Press, and Retire Australia is growing financial services firm IOOF, AGL, Computershare, and engineering consultants Northrop.
The 20-level office tower, located at 200 Mary Street, is in the heart of Brisbane’s Golden Triangle.
Bobby Binning, Cromwell Head of Property, said the recent deals highlighted the increasing popularity of sub-500 square metre space in the Central Business District
“Demand has increased in the past few years, particularly from companies looking for creatively designed fitted tenancies of high quality to cater for the growing needs of these professional services firms,” Binning said.
“Mary Street is an attractive building for variety of firms as it offers flexibility, as well as quality management to meet the changing needs of our tenants and their employees.”
Cromwell purchased the Mary Street asset in 2001 and has since undergone extensive modernisation and refurbishment.
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Cromwell nears full occupancy at Mary Street, Brisbane building

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The Commonwealth Government has published a set of good faith leasing principles for commercial tenancies including retail, office and industrial.
It is to operate between owners/operators/other landlords and tenants, in circumstances where the tenant is a small-medium sized business is an eligible business for the purpose of the Commonwealth Government’s JobKeeper programme, i.e. seen a 30 percent fall in its turnover.
The national cabinet agreed that there would be a proportionality to rent reductions based on the tenant’s decline in turnover to ensure that the burden is shared between landlords and tenants.
The Code provides a proportionate and measured burden share between the two parties while still allowing tenants and landlords to agree to tailored, bespoke and appropriate temporary arrangements that take account of their particular circumstances.
National Cabinet again noted that it expects Australian and foreign banks along with other financial institutions operating in Australia, to support landlords and tenants with appropriate flexibility as they work to implement the mandatory code.
The Commonwealth Government is also acting as a model landlord by waiving rents for all its small and medium enterprises and not-for-profit tenants within its owned and leased property across Australia.
The new leasing code is mandatory.
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But all premises are different, as are their commercial arrangements; it is therefore not possible to form a collective industry position. All parties recognise the intended application, legal constraints and spirit of the Competition and Consumer Act 2010.
The parties will take into account the fact that the risk of default on commercial leases is ultimately (and already) borne by the landlord. 
The landlord must not seek to permanently mitigate this risk in negotiating temporary arrangements envisaged under the code.
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All leases must be dealt with on a case-by-case basis, considering factors such as whether the SME tenant has suffered financial hardship due to the COVID-19 pandemic; whether the tenant’s lease has expiredor is soon to expire; and whether the tenant is in administration or receivership.
Leases have different structures, different periods of tenure, and different mechanisms for determining rent. 
Leases may already be inarrears. Leases may already have expired and be in “hold-over.” 
These factors should also be taken into account in formulating any temporary arrangements in line with the code.
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1. Landlords must not terminate leases due to non-payment of rent during the COVID-19 pandemic period (or reasonable subsequent recovery period).
2. Tenants must remain committed to the terms of their lease, subject to any amendments to their rental agreement negotiated under this Code. Material failure to abide by substantive terms of their lease will forfeit any protections provided to the tenant under this Code.
3. Landlords must offer tenants proportionate reductions in rent payable in the form of waivers and deferrals (as outlined under “definitions,” below) of up to 100% of the amount ordinarily payable, on a case-by-case basis, based on the reduction in the tenant’s trade during the COVID-19 pandemic period and a subsequent reasonable recovery period.
4. Rental waivers must constitute no less than 50% of the total reduction in rent payable under principle #3 above over the COVID-19 pandemic period and should constitute a greater proportion of the total reduction in rent payablein cases where failure to do so would compromise the tenant’s capacity to fulfil their ongoing obligations under the lease agreement. Regard must also behad to the Landlord’s financial ability to provide such additional waivers.Tenants may waive the requirement for a 50% minimum waiver by agreement.
5. Payment of rental deferrals by the tenant must be amortised over the balance of the lease term and for a period of no less than 24 months, whichever is the greater, unless otherwise agreed by the parties.
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6. Any reduction in statutory charges (e.g. land tax, council rates) or insurance will be passed on to the tenant in the appropriate proportion applicable under the terms of the lease.
7. Landlords must not draw on a tenant’s security for the non-payment of rent (be this a cash bond, bank guarantee or personal guarantee) during the period of the COVID-19 pandemic and/or a reasonable subsequent recovery period.
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8. The tenant should be provided with an opportunity to extend its lease for an equivalent period of the rent waiver and/or deferral period outlined in item #2 above. This is intended to provide the tenant additional time to trade, on existing lease terms, during the recovery period after the COVID-19 pandemic concludes.
9. Landlords agree to a freeze on rent increases (except for retail leases based on turnover rent) for the duration of the COVID-19 pandemic and a reasonable subsequent recovery period, notwithstanding any arrangements between the landlord and the tenant.
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Where landlords and tenants cannot reach agreement on leasing arrangements (as a direct result of the COVID-19 pandemic), the matter should be referred and subjected (by either party) to applicable state or territory retail/commercial leasing dispute resolution processes for binding mediation, including Small Business Commissioners/Champions/Ombudsmen where applicable.
The national cabinet offered a scenario examples of practical variations reflecting the application of the principle of proportionality may include, but are not limited to:
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 Qualifying tenants would be provided with cash flow relief in proportion to the loss of turnover they have experienced from the COVID-19 crisis ie. a 60% loss in turnover would result in a guaranteed 60% cashflow relief.
o At a minimum, half is provided as rent free/rent waiver for the proportion of which the qualifying tenant’s revenue has fallen.o Up to half could be through a deferral of rent, with this to be recouped over at least 24 months in a manner that is negotiated by the parties
  So if the tenant’s revenue has fallen by 100%, then at least50% of total cash flow relief is rent free/rent waiver and the remainder is a rent deferral. If the qualifying tenant’s revenue has fallen by 30%, then at least 15% of total cash flow relief is rent free/rent waiver and the remainder is rent deferral.
  Care should be taken to ensure that any repayment of the deferred rent does not compromise the ability of the affected SME tenant to recover from the crisis. 
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How the new leasing code works for Australian retail/office/industrial tenants

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Engineering and infrastructure management services company Downer EDI Limited has leased 711 square metres of office space in the Fauldings headquarters building in the Adelaide suburb of Underdale. 
The company has committed to a two and a half years lease, at 115 Sherriff Street, with the initial rent struck at $250 gross per square metre annually.  
CBRE’s Michael Pfitzner negotiated the deal on behalf of lessor Symbion. 
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Downer EDI Limited lease Underdale, Adelaide office space

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South Australian law firm Mellor Olsson has signed a six year lease at 80 King William Street in Adelaide's CBD. 
The lease is over two entire levels of office space, equating to 1,432 square metres.
CBRE’s Andrew Bahr negotiated the lease deal on behalf of lessor 80 KWS Investments Pty Ltd. 
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Mellor Olsson lease two floors of King Street, Adelaide office

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A 1,273 square metre vacancy created by the departure of the Australian Tax Office at 414 LaTrobe Street in Melbourne's CBD has been filled by Blue Rock Australia.  
The local accountancy, law and wealth management firm agreed to lease the one and a half floors on a term of seven years. It is understood the rent is in the mid-to-high $300s per square metre (net). 
Colliers International’s Edward Knowles negotiated the lease. 
“The business is experiencing rapid growth, hence the move from a 350 square metre floor plate in a boutique building to 1,273 square metre over the top one and a half floors in a higher grade building,” said Knowles. 
Blue Rock is due to relocate into the new premises in June. 
Knowles said the first quarter of 2014 had seen improved business sentiment and consumer confidence which was propelling activity in the Melbourne CBD office leasing market.
“The first signs of improvement in the market are starting to be seen,” he added. 
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Blue Rock Australia sign La Trobe Street lease

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Name: Tom Doran<img src="/images/2014/04/02/tom-doran-profile.png" alt="" style="float: right;">
Position: Associate director - retail sales leasing and projects
Company: Doran Commercial
Office location: Neutral Bay - Sydney
How long have you been in the industry? 
13 years
What's happening in the area you specialise in? 
Retail investment stock continues to tighten buoyed by the low interest rates, falling retail vacancy and the influx of Asian investors.
Describe the most interesting property you have sold? 
10 years ago we sold the Stoned Crow at Crows Nest. The Stoned Crow was renowned for its "Cougar" segment of the market. Being a young impressionable 19 year old at the time i certainly had my eyes wide open when conducting late night inspections.
What are the ingredients to being successful in your job?
Energy, empathy and enjoying yourself.
What aspects of your role do you enjoy the most? 
I love meeting an array of high successful and interesting people. From Wallabies, media celebrities and heart surgeons to Olympians, politicians, mums and dads
Where would you invest a spare $750,000? 
The retail investment market is strong currently. Traditionally investors prefer leased investment rather than vacant possession stock that has to be leased. With the retail leasing market strengthening buying retail strata and leasing can be highly profitable. Before purchasing vacant retail strata you need to ensure that the following is clarified before purchase
<ul>
<li>Access to grease trap and exhaust</li>
<li>What services are available into the shop</li>
<li>Are there any restrictions on usage or trading hours?</li>
</ul>
Which football team do you support?
The mighty Manly Sea Eagles. Go Manly!
What's your favourite app or techno gadget? 
The flashlight on my iphone is crucial in retail property. When entering older buildings or tenancies without power, this is a crucial part of the trade.
How do you use social media? 
We love social media in our office. We have made a commitment to keep our clients as up to date as possible with trends, forecasts and recent transactions. We have tried to break down our social media into segments so that we can provide information the median expects. Our rough rule of thumb is below
<ul>
<li>Linkedin - Strictly business</li>
<li>Facebook - Combination of business and fun</li>
<li>Instagram - Combination of business and fun</li>
</ul>
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In profile: Doran Commercial's associate director - retail sales leasing and projects, Tom Doran

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Boutique Australian financial services advisory company has leased about 485 square metres of office/warehouse space at Coorparoo in Brisbane's east. 
Protect Ensure secured the lease at 8/55-61 Holdsworth Street to accommodate its growing business.
Under the deal, the firm has agreed to take out a three year lease, at a net rental of $48,500 per annum plus GST and outgoings. 
The refurbished office space includes about 77.9 square metres of offices on the ground floor and a mezzanine area of some 244.5 square metres. The warehouse is about 163.4 square metres with a container height roller door and also includes four car spaces. The selling agent was Rhiannon Jones of Ray White Commercial Brisbane Trade Coast 
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Coorparoo, Brisbane warehouse leased by Protect Ensure

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Sushing - the owners of Sushi Train - is opening its popular Japanese eatery in the North Lakes Central mixed development site in Brisbane.
The company has leased 116 square metres, at shop 102 in North Lakes Central, for 10 years. The outlet and restaurant opens in June.
The lease was handled by Ray White Commercial Brisbane Northside’s Robert Rey and Ellie McGovern.
“This will be the first Sushi Train and Japanese restaurant opening in North Lakes outside of the Westfield Shopping Centre, giving people a convenient location to dine for lunch and dinner,” Mr Rey said.
“We are also looking for another restaurant of similar size to join this restaurant strip.”
North Lakes Central is 25 kilometres north of the Brisbane CBD and the development will aim to provide residents and workers in the fast growing North Lakes area with a mix of restaurants, retail and offices all situated in the one building.
Sushing has secured the North Lakes Central tenancy for a net rental of $62,110 per annum.
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Sushi Train owners opening new store in North Lakes Central development, Brisbane

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Axios IT has leased a 327 square metre office suite in the heart of Adelaide's CBD. 
The firm has committed to a three-year term, at 44 Currie Street, on a rental of $375 per square metre gross.
The lessor of the B-grade office suite is South Australian architecture firm Hartect Pty Ltd.
CBRE’s Michael Pfitzner negotiated the leasing. 
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