How a retail and commercial tenant advocate can help you
A retail and commercial tenant advocate simply put is someone who gives advice to commercial tenants.
They are specialised providers with knowledge on current market conditions and common pitfalls in leasing matters. They act (for a fee) specifically in the interests of tenants including small business tenants, and may provide professional guidance and advocacy to establish a positive relationship with your commercial landlord, among other things.
How can a commercial leasing specialist help me?
Not every small business owner has the time or skills to research the commercial tenancy market or negotiate with their landlord. You could read up on tips on negotiating or do research yourself, but like any specialist, tenant advocates practice their craft daily, often building up experience over many years. Investing in expert advice could save you time and money in the long run.
A tenant’s advocate may help you:
• to search for new premises
• to negotiate the terms of your lease, including an option to renew the lease
• understand common terms in leases, pitfalls, and how they may impact you
• to negotiate an early exit or mutual surrender and advise you on a suitable ‘exit strategy’
• to resolve a lease or landlord dispute/s
• to understand what your business needs are in terms of floor space, access, and trading hour categories, and fit out requirements
• to determine what your business amenity needs are e.g., if a kitchen is required, lighting and accessibility requirements, and will check the premises/lease includes these provisions.
A retail and commercial tenant advocate can advise you on the operational aspects of commercial leasing, negotiate terms that are in your best interest and provide information on the current market conditions.
It is important to note that some commercial leasing lawyers may also provide these services and ensure compliance with relevant legal requirements and make sure your rights are protected.
How do I find a retail or commercial tenant advocate?
Some industry associations include access to commercial and retail tenant advocates as a member benefit – we understand that COSBOA, the National Retailers Association, the Australian Lotteries and Newsagents Association and the Australian Hairdressing Council include access to these service providers as a member benefit.
An internet search will provide you with contact details of commercial tenant advocates, including some that offer a free 15 minute consultation you can book online. You may also find articles written by commercial tenant advocates that cover specific topics or common areas of dispute.
Check with your industry association to see if they can arrange access for you.
Mentoring for Growth support with leasing related challenges
Small business owners who are oprating a Queensland based business can register for a 45-minute Mentoring for Growth session to support any business challenge they might have. This includes support before signing your first lease or preparing for a lease negotiation. Volunteer business experts provide insights, options and suggestions (they will not do the negotiations for you, as part of your engagement with them through the Mentoring for Growth program).
For example, two of the roughly 380 mentors that specialise in leasing are: Karyn O’Brien from settingupyourshop.com.au and Fiona Napier from leasedetective.com.au. There would usually be a cost to engage Karyn or Fiona on a fee for service basis, but through the Mentoring for Growth program you may be able to access up to 45 minutes of support for free. You can request mentors like Karyn or Fiona by name when you apply via the online registration form.
Leasing resources
The Queensland Small Business Commissioner (QSBC) provides a comprehensive suite of resources for retail and commercial leasing tailored to tenants, lessors and property agents. These resources focus on dispute resolution, compliance with the Retail Shop Leases Act 1994 (RSL Act) and the Small Business Commissioner Act 2022 (SBC Act), and educational guidance.
Read our blog articles with insights from our experiences in commercial and retail leasing in Queensland.
Check out our factsheets on common areas of dispute in leasing.
Or to discuss your situation, and get connected with people that can help, reach out to our Assistance team.