Archive for the ‘Property Lease Negotiation’ Category

Arguing the toss at the end of a lease

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 20th November 2012

Arguing the toss at the end of a leaseThis is my second blog about the new building surveyor profession in New Zealand. It is having a significant impact on the way building owners are managing commercial leases.

I’ve written before about how easy it is for a business to get caught out at the end of a lease by the ‘make good‘ provisions that require a property to be reinstated to how it was at the beginning of a lease.

(more…)

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The efficiencies of landlord and tenant working together

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 4th September 2012

The efficiencies of landlord and tenant working togetherWe hear so much these days about the benefits of collaboration and cooperation, but often it is the theory and not the practice we hear about.

I’m involved in the last stages of a great project that has been a successful collaboration between a building owner and a significant sized business to achieve a result of mutual benefit. (more…)

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Negotiating a commercial property lease agreement

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 30th March 2010

Negotiating a commercial property lease agreementThe first thing to realise when you are about to enter into a lease for a commercial property is that there is no such thing as a standard contract.

I get concerned that many individuals and organisations believe that commercial property leases are standard [they are not] and that any “standard” variations are simply the preserve of the landlord [they are not]. (more…)

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Reframing ratchet clauses in lease agreements

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 2nd March 2010

Reframing ratchet clauses in lease agreementsRatchet clauses in commercial property leases are something tenants love to hate.

That’s not surprising because the implication is that with a ratchet clause, rents always go up at the time of a rent review.

The ratchet clause in a lease is often that; a set in concrete element of the lease that means landlords can and will automatically ratchet up a rental when it is time for the lease to be reviewed. Just this week I (more…)

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Beware of impending landlord wars…

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 16th February 2010

Beware of impending landlord warsI’m predicting the commercial tenancy market is about to become a bloody battlefield as times get really tough for investors and landlords managing commercial property portfolios.

There are five key factors that will cause this warring between landlords.

(more…)

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How to educate your landlord

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 2nd February 2010

No fixed abode in the virtual world of the cloudThe commercial rental property market in New Zealand continues to be very much a tenant’s market… but there are many landlords who simply don’t get it.

Negotiating myopia
It amazes me in the many negotiations I conduct for clients how many landlords take such a short-term view and, by playing hard ball, lose out on securing long-term tenants. (more…)

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Why crystal clear contracts are so, so critical…

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 15th September 2009

Why crystal clear lease contracts are so, so criticalYou’ve heard the phrase “stating the obvious”. But when it comes to lease agreements it is interesting to consider how often we haven’t done just that; state the obvious.

The reason I mention this is that ambiguity in lease documents is the greatest cause of disputes between tenant and landlord. And sometimes (more…)

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The ins & outs of subleasing

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 26th May 2009

Subleasing or assigning space in commercial property is an area of great interest to commercial tenants right now.

More and more commercial tenants are finding they would like to sublease or assign space that has become surplus to their requirements. (more…)

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The end of the ratchet clause ambush

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 5th May 2009

The ratchet clause has long been a dirty word to businesses with commercial tenancies.

More than 95 percent of leases have a ratchet clause. Traditionally they never advantage the tenant. (more…)

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Managing commercial real estate agents…

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 10th March 2009

Real estate agents for most of us are the people we love to hate. A necessary evil perhaps; to others they are to be avoided like the plague.

The reality is (more…)

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Cutting off your nose to spite your face

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 3rd March 2009

In today’s volatile economy, I’ve noticed some old wisdom coming to the fore. As everyone searches for answers, some standard old fashioned approaches are proving to be wise counsel.

For instance, the old saying “Don’t cut off your nose to spite your face” comes to mind.

It’s been my experience in many years of property lease negotiations that competitiveness, combativeness, (more…)

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Trying to exit a commercial lease? Don’t hit the panic button!

By Peter Scott  |  Property Lease Negotiation  |  Tuesday 2nd December 2008

I’ve been getting a number of emails and calls from people wanting some tips on how to get out of a commercial property lease.

I won’t pull any punches. It is (more…)

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