the Lease Police

Please click the questions to view the answer.

What power do I have against the landlord in a centre when a dispute arises?

Your lease document will in most cases define most dispute scenarios and constrict your power in challenging the landlord. Contacting The Lease Police will enable you realise which claims can be challenged and which steps you need to take to consolidate your position.

How much rent should I be paying?

There are some key variables The Lease Police Estimator that can assist in providing this information. Contact the Lease Police to obtain a market rent appraisal and occupancy cost comparison.

Should I get into a mall or strip?

This will depend on your type of business, your business plan, your target customer base and ultimately availability of shops for your required occupancy cost.

What do I get by engaging The Lease Police?

In most cases we can Guarantee that by engaging the services of The Lease Police Pty Ltd your situation will improve and that is always relative to the background of each file and desired outcome.

What can I expect to pay?

Our fee structure is explained at the first consultation, which is free of charge. When weighing up the total costs of operating a viable business in respect to the lease term and burden obtaining sound and professional advice is a must and a small percentage in minimising future risks. Our consultancy is a cost effective 'one stop shop' that does not burden retailers with excessive legal fees.

Should I enter a Shopping Centre lease?

Only if you have sought and considered proper advice. Many people enter Retail Leases without the proper advice and do not understand the intricacies a Shopping Centre Lease can burden a business with. Another misconception is that Shopping Centres do not negotiate their terms and that fundamental terms are “Company policy”. This is not true. Everything is negotiable particularly when a retailer realises they are a valued commodity and a required tenant for a Shopping Centre.

What percentage of turnover should I pay of my turnover at a shopping centre?

This depends entirely on the usage of the business as categories do vary. The Lease Police Estimator is a good tool to gauge your business with.

Should I trust what my shopping centre landlord says?

Many Shopping Centre representatives are famous for throwaway lines such as:

"No problem you will be looked after".
"Provided you pay your rent your lease will be renewed".
"You are the only retailer performing badly everybody else is increasing their sales".

It is our experience that nothing can be relied upon unless it is writing.

Should I photograph my site and its surroundings in the shopping centre?

Yes, and preferably with a camera that date stamps the photographs. Photograph your shop before and during tenancy. Photograph your neighbouring tenancies and especially vacant sites. This will complement your paper trail in proving certain events and circumstances.

Are there hidden costs when establishing a new shop in a shopping centre?

Yes. Category 1 works are a huge burden to any new tenancy and may throw your budget out by many thousands of dollars. Category 2 works can have the same effect and both are seldom anticipated by the tenant or highlighted by the landlord.

A new shop has opened in the same shopping centre selling the same products. What can I do?

The Shopping Centre will tell you that you do not have exclusivity and can therefore 'blow in the wind'. The fact is that by eroding the usage and derogating from the fundamental terms of the Lease there is a cause of action that can be taken provided that the file is prepared and presented properly.

Can I negotiate a new lease?

All facets of the lease are always negotiable before any lease is signed. Your position of strength is only at the time before signing. Shopping centre landlords will always tell you that their terms and clauses are set in concrete and not negotiable. The Lease Police has had much success in negotiating many concessions before any lease is signed and should be contacted to achieve these. The same applies to relocations, market reviews, and performance during construction works etc.

How Can I Break my Lease

Breaking a lease early is a better alternative to seeing out the lease term and suffering substantial losses. The early end to a lease involves a number of carefully planned stages. Please contact Peter Macaulay if you wish to exit your lease early.

The Shopping Centre is a building site. What can I do?

All state legislation and leases provide protection should a Shopping Centre undertake a re development. The Lease Police can point out which sections of the relevant legislation protects tenants during building works.

The Leasing Agent / Centre Manager made promises they did not keep. What are my rights?

The issue of misrepresentation, whether it’s verbal, written or implied, is complex and relies on what was promised and how it was documented. It is all too common for a leasing agent to verbalise a promise and refuse to write it down. Again the Legislation provides for relief and compensation as a result of the Lessor’s agents misrepresentation.

23/06/2010
COMPO AWARD AGAINST GPT
Retail giant GPT has been ordered to compensate the owners of a Charlestown Square shop whose business took a hit from work on the centre's $470 million redevelopment. Theodoulos and Lenia Nicolaou.......

30/04/2010
MCC no regard for Small Business
Bourke St cafe tenancy dispute boils over 29 Apr 10 @ 07:00am by Hamish Heard MELBOURNE Council faces a compensation claim after it ignored thousands of petitioners and booted a popular.......

04/03/2010
Shopping Centres Seek to Ban Politicians
On 27th January this year in what can only be described as a slow news day Melbourne's Herald Sun newspaper front page headline read as follows... "EXCLUSIVE: Shopping Centres want.......

19/01/2010
Senior Leasing Execs Talk it up! Lease Police Translate
The Lease Police read the latest musings from senoir leasing executives in a recent edition of the Shopping Centre Industry Comic Shopping Centre News with great interest. We are often.......

21/09/2009
Westfield and Tiffany & Co don't see eye to eye
Breakfast at Tiffany's may have been Audrey Hepburns idea of a classy start to the day but Austraila's shopping centre giant Westfield has upset the high end retailer as the following report.......

29/06/2009
Fed Court Order Against Melb Landlord
The Federal Court has ordered a Melbourne retail landlord to compensate four tenants after it engaged in unconscionable, misleading and deceptive conduct. The court declared Dukemaster engaged in.......

13/01/2009
Tough Times Force Shopping Centres to lower rents
SHOPPING centre owners are offering to slash rents for struggling retailers to help them stay afloat rather than risk being left with rows of empty shops. Shopping Centre Council of.......

23/01/2008
Watch Your Space !!!
Westfield settles on dispute over 2.7sq m Author: Tina Perinotto Date: 19/02/2003 20:25:45 Words: 580 Publication: The Australian Financial Review Section: Property Source: AFR The area.......





Please click the questions to view the answer. What power do I have against the landlord in a centre when a dispute arises? Your lease document will in most cases define most dispute scenarios and constrict your power in challenging the landlord. Contacting The Lease Police will enable you realise which claims can be challenged and which steps you need to take to consolidate your position. How much rent should I be paying? There are some key variables The Lease Police Estimator that can assist in providing this information. Contact the Lease Police to obtain a market rent appraisal and occupancy cost comparison. Should I get into a mall or strip? This will depend on your type of business, your business plan, your target customer base and ultimately availability of shops for your required occupancy cost. What do I get by engaging The Lease Police? In most cases we can Guarantee that by engaging the services of The Lease Police Pty Ltd your situation will improve and that is always relative to the background of each file and desired outcome. What can I expect to pay? Our fee structure is explained at the first consultation, which is free of charge. When weighing up the total costs of operating a viable business in respect to the lease term and burden obtaining sound and professional advice is a must and a small percentage in minimising future risks. Our consultancy is a cost effective 'one stop shop' that does not burden retailers with excessive legal fees. Should I enter a Shopping Centre lease? Only if you have sought and considered proper advice. Many people enter Retail Leases without the proper advice and do not understand the intricacies a Shopping Centre Lease can burden a business with. Another misconception is that Shopping Centres do not negotiate their terms and that fundamental terms are “Company policy”. This is not true. Everything is negotiable particularly when a retailer realises they are a valued commodity and a required tenant for a Shopping Centre. What percentage of turnover should I pay of my turnover at a shopping centre? This depends entirely on the usage of the business as categories do vary. The Lease Police Estimator is a good tool to gauge your business with. Should I trust what my shopping centre landlord says? Many Shopping Centre representatives are famous for throwaway lines such as: "No problem you will be looked after". "Provided you pay your rent your lease will be renewed". "You are the only retailer performing badly everybody else is increasing their sales". It is our experience that nothing can be relied upon unless it is writing. Should I photograph my site and its surroundings in the shopping centre? Yes, and preferably with a camera that date stamps the photographs. Photograph your shop before and during tenancy. Photograph your neighbouring tenancies and especially vacant sites. This will complement your paper trail in proving certain events and circumstances. Are there hidden costs when establishing a new shop in a shopping centre? Yes. Category 1 works are a huge burden to any new tenancy and may throw your budget out by many thousands of dollars. Category 2 works can have the same effect and both are seldom anticipated by the tenant or highlighted by the landlord. A new shop has opened in the same shopping centre selling the same products. What can I do? The Shopping Centre will tell you that you do not have exclusivity and can therefore 'blow in the wind'. The fact is that by eroding the usage and derogating from the fundamental terms of the Lease there is a cause of action that can be taken provided that the file is prepared and presented properly. Can I negotiate a new lease? All facets of the lease are always negotiable before any lease is signed. Your position of strength is only at the time before signing. Shopping centre landlords will always tell you that their terms and clauses are set in concrete and not negotiable. The Lease Police has had much success in negotiating many concessions before any lease is signed and should be contacted to achieve these. The same applies to relocations, market reviews, and performance during construction works etc. How Can I Break my Lease Breaking a lease early is a better alternative to seeing out the lease term and suffering substantial losses. The early end to a lease involves a number of carefully planned stages. Please contact Peter Macaulay if you wish to exit your lease early. The Shopping Centre is a building site. What can I do? All state legislation and leases provide protection should a Shopping Centre undertake a re development. The Lease Police can point out which sections of the relevant legislation protects tenants during building works. The Leasing Agent / Centre Manager made promises they did not keep. What are my rights? The issue of misrepresentation, whether it’s verbal, written or implied, is complex and relies on what was promised and how it was documented. It is all too common for a leasing agent to verbalise a promise and refuse to write it down. Again the Legislation provides for relief and compensation as a result of the Lessor’s agents misrepresentation. 23/06/2010 COMPO AWARD AGAINST GPT Retail giant GPT has been ordered to compensate the owners of a Charlestown Square shop whose business took a hit from work on the centre's $470 million redevelopment. Theodoulos and Lenia Nicolaou....... 30/04/2010 MCC no regard for Small Business Bourke St cafe tenancy dispute boils over 29 Apr 10 @ 07:00am by Hamish Heard MELBOURNE Council faces a compensation claim after it ignored thousands of petitioners and booted a popular....... 04/03/2010 Shopping Centres Seek to Ban Politicians On 27th January this year in what can only be described as a slow news day Melbourne's Herald Sun newspaper front page headline read as follows... "EXCLUSIVE: Shopping Centres want....... 19/01/2010 Senior Leasing Execs Talk it up! Lease Police Translate The Lease Police read the latest musings from senoir leasing executives in a recent edition of the Shopping Centre Industry Comic Shopping Centre News with great interest. We are often....... 21/09/2009 Westfield and Tiffany & Co don't see eye to eye Breakfast at Tiffany's may have been Audrey Hepburns idea of a classy start to the day but Austraila's shopping centre giant Westfield has upset the high end retailer as the following report....... 29/06/2009 Fed Court Order Against Melb Landlord The Federal Court has ordered a Melbourne retail landlord to compensate four tenants after it engaged in unconscionable, misleading and deceptive conduct. The court declared Dukemaster engaged in....... 13/01/2009 Tough Times Force Shopping Centres to lower rents SHOPPING centre owners are offering to slash rents for struggling retailers to help them stay afloat rather than risk being left with rows of empty shops. Shopping Centre Council of....... 23/01/2008 Watch Your Space !!! Westfield settles on dispute over 2.7sq m Author: Tina Perinotto Date: 19/02/2003 20:25:45 Words: 580 Publication: The Australian Financial Review Section: Property Source: AFR The area.......


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