Tips

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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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South Australia duo Kate &amp; Harry are the bookmakers favourites to win Sunday's House Rules finale this weekend.
The team are odds on favourites, priced at $1.62 with sportsbet.com.au, to beat out Queenslanders Aaron and Danielle, who are the outsiders at $2.20.
Sportsbet.com.au's Will Byrne said Kate and Harry's perfect score in the semi-final sees them enter the final as the ones to beat.
He said he wouldn't however rule out Aaron and Danielle.
The bookmaker is paying $5 for the show to be axed next year.
 
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South Australia pair Kate and Harry tipped to win House Rules

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GUEST OBSERVATION
Buying a house is probably one of the most important purchases a person will make. Many people think the vendor is required to disclose matters that affect the property value, particularly if the buyer has no other means of finding out the full history of the house. For instance, if someone was murdered in the house, do the buyers have a right to be told?
The solicitor or conveyancer who acts for a buyer will probably tell them the law is “buyer beware”. It is up to buyers to satisfy themselves that the property is not affected by any defects in title, that it can be used for the purposes the buyer intends, and that any building on the property is sound.
If a vendor actively conceals a known defect, then that might amount to fraud. Examples include painting to conceal serious termite damage, or giving a deliberately false answer to a question from a buyer about the property.
A purchaser would need to show, though, that the vendor was deliberately dishonest or at least reckless. That’s a high standard of proof to meet.
The law requires vendors in some states, including New South Wales and Victoria, to disclose the title documents and any registered encumbrances such as easements and covenants. The vendor’s mortgages will be discharged on settlement.
In NSW and some other states, vendors must attach to the contract a certificate from the local council that sets out whether the land is affected by administrative or regulatory matters. This includes issues like zoning, subdivision, contaminated land or identified bushfire or flood hazards. These council certificates can give buyers a good idea of whether they will be able to use the property as they wish.
Where certain statutory requirements have not been disclosed, the buyer can rescind the contract and get their deposit back if the matter was so important that they would not have entered into the contract had they known about it.
In many states, though, there is no duty to disclose matters relating to the title or the use of the land. If the property is a commercial or investment property, the Australian Consumer Law gives remedies to buyers who are induced to enter into contracts by misleading or deceptive conduct in trade or commerce by the vendor or the vendor’s agent. Even if the vendor is selling privately, an agent might still be liable if they misrepresent the property, or tell half-truths that give a misleading impression.
But there is still no general duty on vendors or their agents to disclose matters that affect the property value and may be significant to buyers, but which do not amount to defects in title that can’t be discovered by reasonable inspection.
How far should disclosure go?
Should vendors be obliged to disclose all matters that might influence a buyer? There is probably a good case for all state and territory governments to follow NSW with a requirement to disclose council information. But, beyond that, just how far should a duty of disclosure go?
For instance, if something terrible, such as murder or other violent and upsetting events, has happened at a property, should a vendor be required to tell potential buyers about this? In some US states, courts have held that a vendor should disclose the history of the house where a murder has been committed. US brokers call these “stigmatised properties”.
In a case in NSW, a house where three members of a family were murdered was sold to unsuspecting buyers, who later found out about this history. They refused to proceed, but as the vendors were not required to disclose the history, the buyers lost their deposit. The estate agent who handled the sale was ultimately fined for glossing over the history of the house. The agent also met the cost of the forfeited deposit, but that depended on the particular facts involved.
Such horrible events are rare, but buyers might be very distressed by that kind of history. Shouldn’t buyers have complete information?
One problem is just how far any duty of disclosure would reach. Should any matter at all that affects the value of the property be disclosed?
Some buyers might be particularly sensitive and consider that they should be given comprehensive information about the history of the property. Would it be necessary to disclose that a person had died at the property, even if of old age or natural causes?
Just as vendors might not know about any structural defects in the property, they might not know much about the history of the property. A landlord vendor, for example, might not have information about what went on in the house while tenants were living in it. It might be unfair, then, to shift to the vendor the risk of any decline in value caused by sensitive buyers.
Estate agents are usually responsible for marketing the property. So, if any duty is to exist for making statements about it, perhaps this should lie on the agent, and not the vendors, and should be confined to compensation rather than the ability to get out of the sale. Purchasers can always on-sell a bad bargain, but vendors might be stuck with the property through no fault of their own if they have to bear the responsibility of disclosing everything about its history.
Patricia Lane, Senior Lecturer, University of Sydney
This article is republished from <a href="http://theconversation.com" target="_blank">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-should-buyers-of-a-house-be-told-about-it-102196" target="_blank">original article</a>.
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What should buyers of a house be told about it?

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GUEST OBSERVATION 
The news has been awash with stories of falling house prices, less sales, lower clearance rates and more stringent lending policies in recent months. But despite these ongoing market and regulatory challenges, the Australian broking industry is in a remarkably healthy state.
Recent data from the MFAA Industry Intelligence Service (#6) shows brokers have written more value of residential home loans over the past year than since data started to be collected in 2013. With sales of homes beginning to slow across Australia, but the value of mortgages originated over this period, it creates an interesting dynamic within the mortgage broking market. Why is this occurring?
CoreLogic, which performs valuations on behalf of leading Australian banks and financial services companies, helps shine a light on this market dynamic via the statistics of why valuations were ordered — approximately only 25% of property appraisals over this period were for purchases, 5% for construction and a huge ~70% were for refinance (including restructure, top-up and new product type) of existing loans. Transaction numbers may have declined nationally, but brokers are still very busy.
In fact, the growth of brokers over the past couple of years means there is more competition in the industry than before — and that gives customers greater choice in who they engage with. So, in an increasingly competitive yet complex market, how can you differentiate your business?
1. Look broadly across your lender panels and prepare before application
In a tighter regulatory and more focused credit risk environment, lenders are needing to make policy decisions on which clients and security they are willing to provide lending for. Borrowers are under greater scrutiny, and lenders are asking for more evidence around their ability to service the loan. You need to do more research and keep up to date with policy changes for the lenders you deal with. It’s not just the simple things; for example, are there postcode restrictions; what are the acceptable securities; what are the differences for investor, owner-occupied; and what type of product is your customer looking to utilise — interest-only, line of credit or P&amp;I. All these will most likely mean brokers have to navigate in a matrix environment.
If you haven’t yet done so, it could be worth getting to know some of the more specialist lenders. The MFAA IIS report shows the growth off non-ADI lenders growing substantially and consistently over the last couple of years, and knowing the alternative value propositions is important to giving your customer the best possible result.
Another standout result in the recent data is the decrease in conversion rates — that is the percentage of loans that are applied for which settle. Valuations play an important role, particularly in higher LVR business. If you are not running a property report and getting some understanding of value before the submission of the application, you are potentially costing yourself time and money as well as creating a negative customer experience. As a professional, managing expectations and setting your client up for success is critical.
2. Sharpen your value proposition
Position yourself as a credible source of information and show your clients you’re knowledgeable about the things they care about. For example, if you’re dealing with investors then they will most likely be interested in rental returns and yields, capital growth and want to know more about the markets they are looking to invest in. You can no longer generalise your approach; you have to personalise your interactions if you want to win and keep the business.
With so much information freely available to your customers, you need to be a step ahead. Personalisation, knowing the markets that you operate in and where your customers can give you the edge over those who don’t.
Check out state performance benchmarks by using tools such as the MFAA’s Industry Intelligence Service Summary. Are you as good as the average or better? If you are better, what are you doing to stay ahead? Arming yourself with knowledge can give you insight into where you can improve and help you build your value proposition.
3. Engage with your customer base long-term
A new mortgage should be more than just a transaction, but rather, the start of a long-term relationship with your customer. With great service and personal service, this can reward you with repeat and referral business in the future. Don’t just do the minimum and keep in touch with your client through mass, generalist non-value add information — make it personal, make it insightful, make it better than your competitors.
Consider tracking the local property market so you’re aware when your client puts their home up for sale or for rent. Track market activities that you can then use to engage with your clients. Know when your clients are in high equity positions. Remember when they said they “want to renovate in a couple of years” or when they told you an investment property was a dream in the future. The little things are what will make a difference in a competitive market. It’s not just when your client sells that you have risk of losing them as a client. Remember that more valuations are ordered for refinances than sales — is that your client talking to another broker or lender? 
Buying and refinancing property can be stressful for borrowers, particularly when the housing market is challenging. There is regulatory focus, countless news articles about how hard things are and when lenders are changing their policies — what better time for you to make the most of the situation and provide professional, insightful and valuable services for a great customer outcome.
Matt Carlson is CoreLogic's senior leader for western region and broker solutions.
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How to position your business in a competitive broker market: Matt Carlson

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EXPERT OBSERVATION
As green shoots have clearly appeared in the property market, RiskWise Property Research has taken a retrospective analysis of lessons to be learned from the recent downturn.
1) Think long term and don’t seek quick wins. It’s easy to see Sydney and Melbourne carry a low level of risk and are the long-term winners when it comes to the property market. While we’ve had short-lived episodes of enthusiasm in areas such as Hobart and the mining towns in both Western Australia and Queensland, these areas are no longer in favour with owner-occupiers or investors (Hobart delivered a modest annual change in dwelling value of 2.6 per cent). Now we are seeing the Sydney and Melbourne markets starting to perform more strongly, which means that only the people who bought at the top of the market in 2017 and 2018 are seeing temporary reductions in dwelling values. People who are looking for ‘adventures’ in the property market are like gamblers and often find these escapades to be perilous down the track when it is too late to do anything about.
2) Taxation and regulatory changes carry very tangible risk to property investors. Investors should focus on purchasing dwellings that are suitable for families in areas which have a high owner-occupier ratio, particularly houses, as these are less subject to potential taxation changes.
3) High-rise units simply carry a higher level of risk. This is driven by areas which have oversupply of units, often flagged as Danger Zones. However, the newly emerging threat of construction defects and combustible cladding has added an addition layer of risk for investors. For the same amount of money investors can usually buy a house in the middle or outer rings which will present much less risk and is more likely to enjoy solid capital gains down the track due to the long-term appreciation of land values.
4) Capital growth should be the key driver for investor decisions, rather than cash flow. A RiskWise five-year analysis of the property market earlier this year demonstrated that high rental yields generally deliver low overall returns for investors. Our analysis proved that, over the medium to long term, low rental returns delivered significantly higher overall return (i.e. capital growth + rental return), while high rental returns delivered lower ones overall. What it means is people who invest in very affordable suburbs that carry a high level of rental return, with the expectation of strong overall growth, achieve exactly the opposite result. The analysis showed, under the assumption of a 20 per cent deposit, that low-rent houses would increase their net equity by 63.1 per cent. Conversely, high-return houses would increase their net equity by only 29.5 per cent. This means low-rent houses increased their equity by more than twice that of the high-rent ones.
5) Undersupply of houses in Sydney and Melbourne is a systematic issue. With high population growth in both these capital cities, undersupply of family-suitable dwellings, mainly houses and, to a lesser extent, townhouses will drive property values and is likely to create strong long-term growth in prices. What it means is supply has been unable to keep pace with strong demand. While there has been a large supply of units in high-rise buildings, these are generally unsuitable for owner-occupiers and are largely rental properties. This imbalance in dwelling construction has been a major contributing factor to housing affordability challenges, remembering that rental properties and owner-occupied ones are not fully substitute products. Overall, investors are more likely to benefit more from buying houses in the middle rings and the outlying areas of these cities, provided there are adequate transport solutions and access employment.
DORON PELEG is the CEO of RiskWise
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