Energy Efficiency Information Survey

Thank you for participating in this research into the energy efficiency information needs of those working in commercial buildings. UMR Research has been commissioned to carry out this online survey.

The length of the survey will depend on the number of questions that are relevant to your organisation but it should take between five to ten minutes of your time. If you need to leave the survey part-way through, you can return to it by clicking the survey link in your email invitation and resume where you left off. The link is personal to you and located on a secure server where the confidentiality of your responses is assured.

All your individual answers will be treated confidentially. UMR will report only aggregated data and will not identify respondents.

To complete the survey, click HERE!

Ten tips for Investing in Commercial Property

Most real estate investors get started buying single-family houses, probably because it’s what we’re the most familiar with. But whether you’re going straight to the big time or are ready to advance from houses to larger (and more profitable) deals, here are 10 time-tested guidelines to follow that will help you have more success.

Tip #1: Think Big

If buying a 5-unit apartment requires you to get commercial financing, which is more of a hassle, then why bother? I would recommend buying properties with at least 10 units. Remember that the more units you buy, the cheaper they are per unit. Also, Dave Lindahl has been quoted as saying, “It’s no harder to manage 50 units than it is 10.”

Tip #2: Take Your Time

Commercial deals take longer than single-family houses do. They take longer to purchase, renovate, and get sold. This is not necessarily a bad thing, but something to keep in mind so that you don’t get impatient or rush into a bad decision. Think of commercial deals as big bonuses or your retirement vehicle, not a way to create quick cash to pay the bills.

Tip #3: Don’t Choose Apartments By Default

There’s nothing wrong with investing in residential apartments per se. I’m just pointing out that since most investors are already comfortable with residential property, they tend to look for apartments without considering the other types of commercial property, such as office buildings, industrial, mobile home parks, land, etc. Weigh all of these property types and choose your own niche based on whatever will help you reach your unique goals, regardless of your comfort zone.

Tip #4: Be Prepared to Spend a Lot of Time at First

Fight the temptation to get discouraged if you haven’t done your first deal yet, or if you are spending more time per deal than your previous ones. Houses are so similar that it’s easy to make a cookie-cutter system for buying and selling them. When I begin looking for commercial properties, I was surprised at how long it took me in the beginning to screen deals and make offers. Just remember that there is a learning curve, like with anything else, and that things will go faster over time.

Tip #5: Learn the new formulas

If you’re buying houses, you may use certain formulas, like buying at 75% of After-Repaired Value, minus estimated repairs. Commercial property will have new and different formulas to get used to, such as Net Operating Income and Cap Rates. Learn what is considered good in your area and get familiar with them when making offers.

Tip #6: Relationships Are Even More Important

Relationships with other investors and private lenders are important when buying houses, but they are even more so when buying commercial properties. For one, properties costing a million dollars or more are probably within the financial wherewithal of most of us individually, so you probably have no choice but to get to know and work with partners. Also, many commercial properties are sold without being listing first, so the more people in your network who know what you’re looking for, the more deals you’ll find.

Tip #7: Find Good Financing In Advance

Commercial loans are a different animal than residential loans, and in some ways better. The down payments needed are usually a higher percentage than loans on single-family houses, which means you’ll have to put more down (or get your partner to put more down). However, there is often no personal liability if the deal goes south, and they are more lenient about letting you borrow the down payment money from someone else. Nevertheless, before making offers, ask around and find out who the best lenders are in your area to use when buying commercial properties, as it may make the difference between qualifying for one or not.

Tip #8: Be Prepared to Lose Due Diligence  Money

After your offer is accepted, you have a period of time (just like with houses) to do your due diligence. You should get an appraisal, property inspection, and other tests and inspections required by law. The only problem is that these cost a lot more than they do for smaller deals. You might spend $5,000-10,000 on a deal, only to find out you don’t want to buy it after all. While this is always better than buying a bad deal, you should still be prepared for these kinds of expenses.

Tip #9: Partners Are Your Bridge to Wealth

As I said before, buying million-dollar properties is not something most people can qualify for on their own (in fact, getting a loan to buy a house is hard enough!) So make sure that you spend a lot of time finding private lenders or deal partners to help you out. A partner can provide the cash and/or credit needed to purchase a property, and you can compensate them by paying a fixed interest rate or a percentage of the cash flow  or proceeds from the sale.

Tip #10: Know Where to Get Tough Questions Answered

Lastly, it’s imperative that you associate with experienced commercial investors who can answer questions that come up while you are evaluating properties. There’s no sense in losing a deal or buying a bad property because you didn’t understand certain environmental regulations or estimating what trash collection really costs. Know who you can ask to get fast answers when you need them, and make them your new best friends.

By following these guidelines I can’t promise instant success. However, you will have the right perspective about investing in commercial property that will help you start right and stick with it for the long haul. Good luck to you in “moving on up” from single-family houses to the big time.

Source: http://www.nuwireinvestor.com/articles/10-tips-for-investing-in-commercial-real-estate-54632.aspx

Difference between a Licence and a Lease

Q. I have been trading from commercial premises for a year. My landlord has informed me he is going to cancel what I believed to be my lease. Since looking at the document I signed it is actually called a licence to occupy. The licence still has another year left of the term and there are no clauses in it about cancelling the licence.

My landlord posted me a letter a couple of days ago that said he was cancelling my licence and wanted me out by the end of this week. He said the reason was that I was a month behind in my rent. I am not sure what a licence is, can you tell me what the difference between a lease and a licence is? Does having a licence rather than a lease mean my landlord can cancel my licence with the letter he sent me?

A. The essential difference between a lease and a licence is that a lease grants a legal interest in the land where a licence grants merely a personal right of occupation.

Further differences between a lease and licence include:

A lease grants a legal interest in the land and the registered owner has an interest which will bind the lessor’s successors in title. A licence is a personal right that generally only binds the original licensor and original licensee.

A lessee has the legal right of exclusive possession of the land and may sue for nuisance or trespass on the land. A licensee does not have a legal right of exclusive possession and will not necessarily have the rights to take similar action.

The fact that you hold a licence of the premises rather than a lease does not alter the way in which your landlord can cancel the licence.

Sections 243 to 252 of the Property Law Act 2007 relate to cancellation of leases. Section 206 (3) of the act provides that those sections also apply to cancellation of licences (provided the licence was entered into after January 1, 2008).

Under s245 of the act a licensor can cancel a licence for non-payment of rent. However, there is a procedure the licensor must follow. This includes the licensor giving you written notice that you have breached the covenant in your licence to pay rent.

The notice must include certain elements for it to be enforceable. These elements include that the notice can only be served on you if the arrears in rent have existed for 10 days or more. The notice must also outline the amount that must be paid to remedy the breach – for instance, the amount of rent outstanding including any interest due in accordance with the licence or lease.

Further the notice must give you a timeframe of not less than 10 days (from the date the notice is served on you) to remedy the breach such as paying the outstanding amount.

Your licensor has sent you a letter which (on the information you have provided) does not fulfil the legal requirements relating to notice. Therefore your licensor cannot legally cancel your licence by merely sending you the letter in the form you describe.

It is probable that when you remain in the premises after the date he has indicated in the letter, your licensor will obtain legal advice and you will likely be served with a correct notice.

When you do receive a correct notice and that notice is served correctly on you, you will have to comply with the details in the notice in order to remain in the premises under your licence. You will have to pay the outstanding amount listed on the notice within 10 working days from the date the notice is served on you. If you do not, your licence could be cancelled.

The cancellation provisions of the act are a code and as such a lease or licence can only be cancelled in accordance with the act. The provisions cannot be contracted out of in the lease or licence document.

However, it is important you have a solicitor review your licence to check the provisions it contains.

The information contained in Commercial Property is intended to provide general information in summary form current at the time of printing. The contents do not constitute legal advice and should not be relied on as such.

Specialist advice should be sought in particular matters.

Source: http://www.nzherald.co.nz/commercial-property/news/article.cfm?c_id=28&objectid=10638813&pnum=2

New Trend in Commercial Property Leasing

In the past few months I’ve noticed a definite trend towards organisations searching for new premises.

A year ago, this was not the case at all. The bulk of our work then was negotiating rent reviews and lease renewals. People were still nervous about making decisions in recessionary times.

What’s also interesting is that we are now seeing more and more new clients who previously would have taken a DIY approach to managing their commercial property leases and negotiations.

Executives are increasingly recognising that property is more and more complex and involves significant risk. They see the value in outside expertise such as that offered by us at Parallel Directions Ltd.

That value is tangible and can be directly related to profitability and direct return on investment.

Take for example a franchise
A franchise holder may have plenty of expertise in the product or service they offer, but know little about the complexities of searching for premises and negotiating a commercial property lease. The biggest pitfalls are the ones people are completely unaware of.

There are known unknowns… things that we know we don’t know. But there are also unknown unknowns… things we do not know we don’t know. It is the latter category that tends to be the difficult ones.
- Donald Rumsfeld

The risks involved really struck home when I told one client that the entire profit from their franchise over the 3 year period of a property lease could be completely wiped out by the tough “make good” clause.

This is the clause that requires a tenant to restore the property to the state it was in when they signed the lease. It can involve huge costs, such as removing partitions and all alterations made during a fit-out, relocating lighting and air conditioning, and painting and redecorating parts of the property that may have changed during the term of the lease.

So while many organisations have personnel with some property management expertise, there are a large number of increasingly complex matters that many are unaware of and therefore unprepared to handle effectively.

As I often say, smart management of property leases can have a significant impact on profitability. In complex and increasingly volatile environments, it pays to have the right expert advice.

Source: http://www.officeblog.co.nz/new-trend-in-commercial-property-leasing

Negotiating a Commercial Property Lease

The 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].

It is easy to think this is the case when you are presented with a formal document. Now don’t get me wrong – there are carefully worked out legal components to a lease agreement as laid out by professional bodies such as the Auckland District Law Society.

But it is important to realise that there is a lot more that is negotiable in a commercial property agreement than simply the length of the lease and the net rental.

So here are some tips to consider when entering into a commercial property agreement before you put ink to paper…

  1. Parties. It is important to establish clearly who the contract is between. Is the landlord named in the contract the owner of the building, a head tenant who  is sub-leasing some of their space, or perhaps individuals trading as an entity?
    It sounds simple, but clearly establishing who the parties are is critical, as is getting clear about who will act as guarantor for the lease. From my experience, the guarantee is always the subject of some debate when negotiating a commercial property lease agreement.
  2. Lease Term. Carefully consider how long you want to lease the space for and recognise that – much as when you buy a house or get married – you are entering into an agreement for better or for worse. You are locking yourself into something that can change your life.
  3. Right of Renewal. When you are considering the right term for you, it is also important to be aware that you can negotiate a right-of-renewal at the end of the term. If you negotiate this correctly, it is not simply an option – it is a right, as long as you have not breached any terms and conditions in the lease.
  4. Important Dates. It’s not just the lease term and right of renewal date that’s negotiable either. The timing of rent reviews is also negotiable. There is no standard or legal requirement to have rent review dates fall on a specific date defined by the landlord.
  5. Total Occupancy Cost. A trap for young players is to fixate on the net rental but blindly accept the operating costs. There are always operating costs to take into account… and negotiate! Examples are such things as car parking, landscaping, cleaning, power, security and other associated costs.
    You need to know the total occupancy cost. It is very easy psychologically to think, “Oh, my rent is $6,500 a month”, when really by the time the other occupancy costs are factored in, your outgoings on leasing the space are $7,500 a month.
    You should also note that changes in these additional occupancy costs (operating expenses, or opex) are not limited to rent review dates. They can go up and down on an annual basis.
    At Parallel Directions we think tenants should only pay a fair share of these operating expenses. It’s such an important factor that we offer a specific product, an Opex Audit, in order to gain a very clear handle on these operating expenses and where there is room for negotiation.
  6. District Plan. Before signing on the dotted line of a commercial lease agreement, make sure there are no restrictions on operating your business at the premises you are about to lease. You need to know the District Plan’s zoning for the premises and whether there is any resource consent required or bylaw that might inhibit you operating your business.

If in doubt, you know who to call!

Source:  http://www.officeblog.co.nz/negotiating-a-commercial-property-lease-agreement

Research on Seismic Retrofit Implementations in NZ

The University of Auckland would appreciate you taking part in a an online survey on the above named research topic. It is an opportunity to contribute to the findings that could effect changes on issues and problems relating to the seismic retrofit implementation in New Zealand. This study will benefit your organisation as it aims to propose incentives appropriate to seismic retrofit implementation in New Zealand and ensuring the safety of communities that are susceptible to earthquakes in New Zealand.

This research is funded by Foundation for Research, Science and Technology, to produce a quantitative tool that will demonstrate the economic, social and environmental benefits of seismic retrofit implementation, aid decision-making processes when assessing various degrees of retrofit intervention and devise plans and strategies for dealing with earthquake prone buildings. The knowledge developed from the study will provide useful information to all stakeholders involved in retrofits decision.

Your contribution and participation is highly valuable to this research as you have been considered as one of the significant stakeholder’s seismic retrofit decisions.

To participate in the survey click on this link: http://www.surveymonkey.com/s/75GJGP8

Thank you for your time and providing valuable feedback.

If you would like further information regarding the on-going research, please do not hesitate to contact Egbelakin Temitope – tegb001@ec.auckland.ac.nz or visit www.retrofitsolutions.org.nz.

Bayles acquires Christchurch commercial real estate business

Christchurch commercial real estate company – Cantcomm has been taken over by Bayleys.

Founded by Harry Von Tongeren 15 years ago who now assumes the position of Commercial Sales Manager for the merged company.  The company will initially have a staff of 19, though this is expected to grow to 25 in the coming months.

Commercial Property NZ – Issue 57

The following items are the main topics covered Issue 57 of the Commercial Property New Zealand issued by Peter Hamling of Sigma Group Partnership.  The newsletter is supplied on a subscription only basis.  You can contact Peter on 09 436-1564.

Informed news and commentary for property professionals

  • Are darker days lightening up?
  • Auckland region awash with vacant Industrial space
  • Vacant industrial properties bring pressure on rentals
  • A view on the construction sector
  • People in business
  • Commercial property deals
  • Industry events