Rental Determinations

Commercial Rental Determinations

Independent Expert Determination of Market Rent 

I act as an independent determining valuer in relation to commercial rental determinations, where parties are unable to agree on market rent under the provisions of a lease.

Rental determinations are undertaken objectively and in accordance with the relevant lease terms, valuation principles and prevailing market evidence for commercial properties. I undertake rental determinations across Greater Brisbane, the Gold Coast and the Sunshine Coast.

What Is a Rental Determination? 

A rental determination is a formal process provided for under many commercial leases, whereby an independent valuer is appointed to determine market rent when agreement cannot be reached between the parties.

The determination is typically:

• Conducted in accordance with the lease

• Evidence-based and reasoned

• Binding or non-binding, as specified in the lease
  
  

The role of the determining valuer is to arrive at a fair market rent, independently and without advocacy or bias.

When is a Rental Determination Is Required 

Rental determinations commonly arise in connection with:

• Market rent reviews at lease renewal

• Exercise of lease options

• Deadlock following negotiations

• Retail tenancy disputes under the Retail Shop Leases Act 1994 (Qld)

• Other lease-based rent review mechanisms
  
  

Early appointment of an independent determining valuer can assist in resolving disputes efficiently and cost-effectively.

Appointment as Determining Valuer 

I accept appointments:

• Jointly by the parties

• By nomination under the lease

• By referral from professional bodies such as the Australian Property Institute (API)
  
  

Appointments are undertaken strictly in accordance with the relevant lease provisions, including any procedural or evidentiary requirements.

Where applicable, I act as a Specialist Retail Valuer approved under the Retail Shop Leases Act 1994 (Qld) for retail rental determinations.

Determination Process 

While each determination is governed by the lease, the process generally includes:

• Review of the lease and relevant provisions

• Consideration of submissions and supporting evidence (if permitted)

• Analysis of comparable market leasing evidence

• Assessment of incentives and effective rent

• Preparation of a reasoned written determination
  
  

Scope & Property Types 

Rental determinations are undertaken for a broad range of commercial property types, including:

• Retail tenancies governed by the Retail Shop Leases Act 1994.

• Office

• Industrial and logistics

• Medical and allied health

• Mixed-use commercial properties

All determinations are undertaken independently and without influence from either party.

Regional Coverage 

I act as determining valuer for commercial properties located throughout:

• Greater Brisbane

• Gold Coast

• Sunshine Coast