We offer specialist accredited market rent assessments & determinations that provide thoroughly researched comparable rental data and includes critical elements such as the permitted use, lease periods, fit-out, operating expenses. We can also assist your legal advisors with other disputed provisions relating to assignment /subletting, make good refurbishment, etc.
Most retail, office & industrial leases contain mechanisms for periodic rent reviews. These are usually annual adjustments using three common methods – Consumer Price Index (CPI); Fixed percentage increase or Review to Market. A market review updates changes to market conditions such as supply and demand, location, condition of property, etc to ensure the rent keeps pace with current market fluctuations. In most leases, market rent reviews occur at the exercise of option periods which are usually equal to the length of the first term certain e.g. 3 + 3 years, 5 + 5 years, etc.
The first stage of the rental review process often starts with the landlord sending a notice to the tenant proposing a change in the rent. If there is a disagreement regarding the new amount, the two parties commence negotiations. If the two parties fail to reach an agreement regarding an appropriate rental adjustment, the lease will usually provide a process to appoint an independent Specialist Valuer to help determine a fair market rental.
The Retail Shop Leases Act Qld has specific rules that regulate the process for carrying out a market rent review.