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Providing Tenants of Retail, Industrial, and Office
rental space with Lease Audit Services designed to identify and recover
excess lease payments made to Landlords.
The Concept Behind the Services
Most Tenants of Retail Industrial and Office space spend a great deal of time and effort when negotiating a
lease, but few take anything but a quick look at highly summarized costs
to insure that the lease is being properly administered by the Landlord.
You are likely paying costs that are incorrectly calculated, not in
accordance with your Industrial and Office space lease, or simply the result of an erroneous
interpretation of a lease clause. To err is human and the day to day
administration of leases invites errors through the complexity of the
Industrial and Office space lease terms and their execution. We find over 90 percent of
Industrial and Office space leases we
audit contain at least one error in measurement of costs charged.
All lease provisions are scrutinized, premises physically measured, and
all of the costs charged by the Landlord are audited in detail. If we
determine that you are being overcharged, we document those charges,
prepare a recovery strategy, and negotiate with your Landlord for a refund.
The services are conducted professionally and in accordance with your
organization's culture. The fees are based on a small administration fee
and most solely on the refund we obtain for you, no refund
for a client means practicly no fee for the agency and you have the satisfaction of
knowing all charges are correct, at practicly no cost.
N.B This study is done by an independant specialist
514.839.0608
Do You Know What charges You Pay ?
Has your Landlord established provisions in advance for anticipated,
but not incurred expenses? If so, have you received interest, and do you
get a credit if you relocate?
Are the utility costs you receive net of excess user charges? Have
all utility credits been properly credited to utility accounts, and are
accruals properly stated?
Are there specialized services provided to your Industrial and Office
space
building for which
you should not be responsible? Have you checked to insure that you have
not paid a prorata share?
Is there a minimum building occupancy gross-up clause in your lease?
Are only variable costs grossed up? Do you pay a prorata share of the
Landlords capital taxes or sales rental expenses?
Does your landlord provide a clear explanation of how your prorata
share of costs is calculated? Are there exclusions or limited
contributions for major tenants?
Does your Landlord provide fairly detailed annual statements which
visibly show major expense categories? Are all services contracted at
arms length competitive rates.?
Many Landlords of
Retail Industrial Office space
charge interest on undepreciated capital costs; does
yours? If so at what rate? What rate of depreciation is the Landlord
using, or do they employ leasebacks?
Some Landlords Retail Industrial Office space
charge administrative costs on total rentals, some on
operating costs, and others on operating costs plus taxes. Which does
your Landlord use and at what rate compared to industry standards?
Did your Landlord supply an area certificate? Have you had it checked?
Is the total space of your Retail Industrial Office building based on rented, rentable, or
occupied space?
Is your rental area based on BOMA industry standards or a modified (by
the Landlord) formula? Do you pay for utility and administration space
at fair market value rental rates?
Rentable Area In An Office
Building
BOMA Standards are the predominant industry norms in Canada.
BOMA stands for the Building Owners and Managers Association and among
other functions establishes the methods of calculating area. These
methods are different for offices, retail, and industrial space. All
industry participants can become members of BOMA.
Useable area is calculated by measuring from the inside
surface of predominant vertical designations of exterior walls (or
windows), the centerline of demising walls, and the inside surface of
common area walls. Some Landlords of Retail Industrial Office
space
measure from the outside of exterior
and common area walls. Areas rented below grade level are usually
measured only from the inside surface of all walls.
Structural columns and their cladding, as well as interior
partitions, are included as usable floor space.
Rentable area of Retail Industrial Office space
is useable area plus any share of the common
areas on that floor less any share of floor penetrations. A
proportionate share of the ground floor and other common areas may or
may not be added. As a general rule, common areas that are on below
grade levels are not allocated to Tenants.
Penetrations of the floor slab, usually air and plumbing ducts,
elevator shafts, and stairwells are measured including their enclosing
walls. Enclosing walls include any cladding materials such as drywall
and other surfaces. This is a frequent area of error as measurements for
floors were taken before the floor space is "built out" to
tenant specifications.
Common areas are those areas all Tenants of Retail Industrial Office
space
use or rely on and
include, washrooms, utility closets, hallways, mechanical rooms,
electrical rooms, equipment rooms, telephone rooms, storage and such.
Hallway indents at the entrance of Tenant space may (or may not) be
attributed specifically to that Tenant. Area may also be added in
respect to ground floor common areas.
Demising walls are walls which separate Tenants on the same
floor. Walls separating Tenants from common areas are not demising walls,
but common area walls, and are treated differently. Demising walls can
be specialty walls such as for security which require special
allocation.
Proportionate share is calculated by taking the Tenants usable
area as a percentage of the total floor useable area. In some cases this
may be done for the whole building rather than each floor.
Gross-Up is the practice of increasing the usable area to
rentable area by allowing for common areas. Sometimes this is clearly
shown as a specific footage or percentage, but the most common practice
is to only mention gross rentable feet. Gross-up percentage can vary
from a low of 8% up to as much as 15%.
Non-Rentable Area is area which is charged to neither a
specific Tenant nor proportionately allocated to all Tenants. This is
rare, but could include ground lobby or washroom areas of the building.
514.839.0608
The Process, Sequence of Execution
The process is executed in three distinct stages. We tailor each to
reflect your organization's culture or standards and maintain the desired
Landlord relationship.
Phase I: Internal Audit
The purpose of this phase is to get an initial understanding of the
client's lease obligations.
Categorize the lease for fast reference, critically examine all
financial clauses, rationalize all formulas and track their application.
Itemize all exception clauses, unusual terms or language, non
industry terms, and cross reference their application and execution.
Identify the area measurement principles and calculations. Conduct a
physical site measurement to determine the rentable space.
Prepare a cost spreadsheet of Tenant and/or building costs and
compare costs per foot to database records or industry averages, summing
up discrepancies.
Phase II: Landlord Audit
The purpose of the Landlord Audit, usually necessary, is to obtain any
detailed information not readily available from the Client's files.
Submit a written audit plan, reviewed by the Client, which is
specific as to questions and areas of concern. This phase may be done by
correspondence or preferably at the Landlord's offices.
Any contact with the Landlord may only be accomplished with either
the Client's written permission or by actual participation. Most
Client's prefer to provide an introductory meeting.
Concerns addressed directly to the Landlord in Phase II are typically;
an explanation of calculations, further cost details, allocations of
costs, and lease concept discrepancies.
Phase III: Conclusion & Negotiation
The purpose of this phase is to submit to the Landlord a request for
reimbursement accompanied with the logic as to why a refund is appropriate.
In the majority of cases the Landlord will wish to negotiate the amount,
regardless of how valid the claim may be.
The client may elect to participate directly, leave the task to us
using agreed levels of authority or conduct negotiations jointly.
Negotiations may be conducted either through correspondence or
meetings. Substantial recoveries usually take a series of meetings over
a longer period of time.
Questions We are Frequently Asked
Questions In Italic
My Lawyer advised me on the lease terms, so why do I need your
services? Lawyers, who do not work on contingency, focus on legal
terms, seldom review the Landlord's annual charges or interpretation of
the lease clauses, and do not verify leased area.
My Accountants check my expenses, so why retain someone else?
Accountants, usually at fixed hourly rates, verify what you have paid
and owe, but seldom look at the details of your lease costs without your
specifically asking them to, nor do they verify the lease area.
I have staff who do this, so why retain Leasehold Consulting
Services? Most staff, including accountants, do not audit the detail
of the Landlord's billings, do not relate the lease clauses to the
billings, nor have the detail experience or industry familiarity we do.
In most business settings staff is kept at minimal levels.
My lease has an area certificate from the Landlord's Architect so
it must be right? Half the leases we look at do not have an area
certificate, even when specified as attached. Most of the other half are
incorrect for a wide variety of reasons.
My Landlord is a great guy and treats me well, so why do I need to
check these costs? Some Landlords are not great guys, even great
guys make mistakes, staff turnover is usually high, and rent is probably
your second biggest cost. Almost all errors we find are in favour of the
Landlord.
Will my Landlord get upset if I have someone question his charges?
Not if we do our job properly and question only consequential practices
or amounts. Most Landlords are receptive to substantiated or reasonable
inquiries from Tenants and are well aware that this is common practice.
What if my Landlord refuses to co-operate? Most Landlords do,
but if not, where the amount is substantial, you have a choice of
accepting his decision or challenging it.
Where are most of the overcharge errors found? Our dollar
findings are about equally split between area, lease clause
interpretation, common cost allocation errors, and mechanical mistakes.
Do you assist us with legal matters, locate alternative premises,
or negotiate lease terms? We do not replace, but do augment, the
services of licensed legal and real estate advisors.
Is there a typical amount of over billing you find? About two
dollars per square foot on average.
What do you charge for your service? A small administration
fee plus fifty percent of whatever
you receive from the Landlord, payable only if and when you get it.
Do you sometimes charge less for your service? Large volume
clients (huge space, many locations) can convince us to take less.
The Types Of Documents We Require
We copy at your premises, all documents, other than the Retail Industrial Office
space
lease which we
ask you to provide. We find this assists us in selecting only relevant
material.
First, Without Exception
A completed client engagement argeement retaining the services
of the specialist under
defined circumstances.
The entire industrial lease including any addendum, amendments, schedules,
renewals and prior leases for the space in question.
Obtain any documentation in respect to any past conflicts and/or
concessions to or by the Landlord.
Then, As A Minimum
Any Landlord supplied statements which show common costs, property
tax charges, or annual adjustments made to your costs.
Correspondence pertaining to leasehold improvements, refunds paid,
underpayments submitted, special charges, and rental disputes if any.
Additionally, If Available
Copies of invoices, or an accounts payable extract of, services such
as utilities which you may pay directly.
Any Landlord originated summaries of rents paid, rentals due, amounts
in dispute, adjustments made, or special concessions negotiated.
Correspondence from the Landlord or City describing improvements,
additions or other changes to the total premises or area where your
location is situated.
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