Navigating leasing agreements is complex, especially when it comes to understanding rent review mechanisms and the role of market rent reviews.
If you're a landlord or tenant negotiating a commercial or retail lease, it's vital to understand how these processes work, as they often bring significant financial implications.
In this latest podcast we discuss rent reviews and market rent reviews. This podcast provides ample legal insight and anecdotes about leasing and the inner workings of negotiations.
Whether you are a landlord, tenant or leasing agent this is essential information for the experienced and novice alike.
What's discussed in the latest podcast?
Rent increases v market rent reviews
Rent reviews are mechanisms written into a lease to ensure that rent remains fair and reflective of market conditions over time. These reviews typically result in rent increases during the lease term and may take one of two forms:
- Annual Rent Increase: Many leases include a fixed annual rental increase, usually a specified percentage, such as 4%.
- Market Rent Reviews: At specific intervals, leases may require a review of the rent to establish whether it reflects the current market rates for similar properties.
How Does the Market Rent Review Process Work?
The practical steps of how a market rent review works are discussed, and the following are key steps:
- Proposal by the Landlord: Typically, the landlord will propose a new rent based on their assessment of current market rates. The new rent being proposed by the landlord may exceed the rent adjusted by annual increments, especially in cases where market growth has outpaced the prescribed increases.
- Disagreement and Resolution: If the tenant disputes the landlord's proposed figure and an agreed amount cannot be negotiated, the matter can be escalated for an independent determination.
- Independent Valuation: To resolve disputes, either party may apply to the Victorian Small Business Commission (VSBC) to appoint an independent valuer. This valuer assesses the market rent based on comparable premises and prepares a binding valuation report.
- Legal Binding Decision: The valuer's determination generally becomes legally binding. However, challenging this decision is possible but rare. A challenge must prove "manifest error," which demands substantial supporting evidence.
Practical Considerations for Landlords and Tenants
Understanding rent reviews can empower both parties during lease negotiations. Here are a few important points to note:
- Tenants Should Prepare: If a market rent review is anticipated, tenants should research comparable properties in advance. Valuers often base their assessments on current rents in the area.
- Landlords Often Investigate: Landlords may consult leasing agents or independent valuers before proposing their rent figure.
- Independent Valuers are Common: Sophisticated landlords understand that disagreements are often resolved through independent valuations, discouraging unrealistic rental figures.
Getting expert representation and advice
Navigating rent reviews and market rent reviews can be a complex but necessary part of managing commercial and retail leases. Firstly, understanding the legal framework will ensure that you understand the process and potential avenues open to you.
Whether you're negotiating a lease renewal or preparing to undertake a market rent review, getting informed by expert lease lawyers is crucial to safeguard your financial and business interests.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.