Commercial Rent Review Process: Tips for Landlords and Tenants

The commercial rent review process is a crucial aspect of commercial lease agreements, providing landlords and tenants with an opportunity to reassess rental rates based on market conditions. Navigating this process requires careful consideration and effective communication between both parties. In this article, we will provide valuable tips for landlords and tenants in Dublin and Ireland to successfully navigate the commercial rent review process and achieve a beneficial outcomes.

Know Your Lease Agreement
Before entering the rent review process, both landlords and tenants must thoroughly understand the terms of their lease agreement, I cannot stress this enough you need to understand what the rent is based on. Familiarize yourself with the provisions related to rent reviews, including the frequency (normally every 5 years) and mechanism for conducting reviews (who can trigger the rent review landlord or tenant or both and how is it settled if no agreement). Being aware of your rights and responsibilities will set the foundation for a smooth rent review process and the more you understand your rights the better you can negotiate. 

Stay Informed About Market Conditions
For both landlords and tenants, having up-to-date information about the current market conditions in your local area and asset class (retail, office, industrial) is essential during rent reviews. Stay informed about rental trends, vacancy rates, and economic indicators that may impact rental values. Knowledge of market data will provide a factual basis for discussions and negotiations.

Engage in Open Communication
Open and transparent communication is key to a successful rent review process. Initiate discussions well in advance of the rent review date to allow sufficient time for negotiations. Landlords should be receptive to tenant concerns, while tenants should present data-backed arguments to support their position. Maintaining a respectful dialogue fosters a collaborative environment.

Consider Professional Assistance
Both landlords and tenants may benefit from seeking professional assistance during the rent review process. Hiring a rent review surveyor can provide expert insights into market trends and rent valuation methodologies. Rent reviews are complex and a by having expert knowledge of leases and the rent review process will be of considerable benefit in rent review negotiations. 

Focus on Long-Term Objectives
During rent reviews, it’s essential for both parties to consider their long-term objectives. For landlords, preserving a stable and profitable rental income is a priority, while tenants seek fair rental rates that align with their budget. Striking a balance between these objectives is crucial for maintaining a successful commercial relationship. A landlord needs to achieve a market rent to ensure their property maintains its value. Tenant’s need to insure they do not over pay and do not pay rent on their improvements or that they are in the property. 

Failing to Reach An Agreement 

In many cases if a landlord and tenant cannot agree on a new rent within a reasonable time, the lease will dictate how the rent review is settled. The majority of commercial leases will allow for the appointment of an expert witness or an arbitrator, appointed by agreement or by the SCSI. If the rent review is referred to third party to be settled, both the landlord and tenant will be required to submit written reports and counter submissions or perhaps an oral hearing (mini trial). These can be costly and time consuming for both landlord and tenant. Therefore it is always advisable to engage with a rent review surveyor before the rent review date. 

Conclusion

The commercial rent review process is a critical juncture for landlords and tenants in any commercial lease. By following these valuable tips, both parties can navigate the process with confidence, fostering mutual understanding and collaboration. Open communication, knowledge of market conditions. 

At FLEMINGRE, we specialize in commercial rent reviews in Ireland. With our comprehensive knowledge of leases, local markets insights and cutting-edge technology, we are committed to delivering excellence and empowering businesses to make informed rent review decisions.