Generated by All in One SEO v5.0.1, this is an llms.txt file, used by LLMs to index the site. # Lease Consultant Australia Retail Property Lease Advice ## Sitemaps - [XML Sitemap](https://leaseconsultant.com.au/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Tips n Toes vs Landlord](https://leaseconsultant.com.au/tips-n-toes-vs-landlord/) - State/Jurisdiction: QCAT Dispute No RSL 013 Parties to Dispute: Eco Office Consulting, t/a Tips n Toes, Shop 16, Elizabeth Arcade, 99 Elizabeth Street, BRISBANE Q 4000. Matter “settled” without QCAT for close to Experts Opinion “reasonable loss”. - [How to Evaluate the Reasonable Rent of ONE Retail Lease](https://leaseconsultant.com.au/how-to-evaluate-the-reasonable-rent-of-one-retail-lease/) - A Retail Rent Joint Value Discovery Tool API and PRRES Conference, 20th January 2020, Canberra (updated from IVSC – WAVO & IVSC – ANEVAR 2018) Australia by Don Gilbert - [Providing Opinions or Determining Current Market Rent during a pandemic eg. Covid-19, including compliance with Australia’s National Code of Conduct](https://leaseconsultant.com.au/providing-opinions-or-determining-current-market-rent-during-a-pandemic-eg-covid-19-including-compliance-with-australias-national-code-of-conduct/) - When Covid-19 first started emerging sometime in January my ears pricked up. Since I was a boy and even in my father’s home before that current affairs have been closely followed. I watched the infection rates with interest, how far and wide it seemed to spread with ease, watched the seemingly low death rates; considered how this - [‘Evaluating Current Market Rent: Running a Single Dimensional Argument for a Multi-Dimensional Problem: reference API’s Technical Information Paper](https://leaseconsultant.com.au/evaluating-current-market-rent-running-a-single-dimensional-argument-for-a-multi-dimensional-problem-reference-apis-technical-information-paper/) - In my last short article about presenting a “value” proposition versus a “cost” proposition in regard to evaluating the reasonable rent for ONE Retail Lease, I presented many case studies, to illustrate how despite being more expensive the nett benefit of a value proposition could easily outweigh a cheaper ‘cost’. In that article I said: - [Redefining best practice - Retail Food Group repositioning after profit halves](https://leaseconsultant.com.au/redefining-best-practice-retail-food-group-repositioning-after-profit-halves/) - Retail Food Group reported underlying net profit of $15.4 million for the 2019 financial year – 53.7 per cent lower than the prior period’s figure of $33.3 million. RFG noted these challenging operating conditions were a result of intense competition and changing consumer trends, as well as overall declines in retail performance – especially in - [Karen Millen closing it's doors in Aussie](https://leaseconsultant.com.au/karen-millen-closing-its-doors-in-aussie/) - Administrators have been appointed to wind down the Australian arm of Karen Millen, after the business fell into administration in Britain last month. The UK fashion brand, which turned over approximately $19 million in Australia last year, operates seven independent stores and eight concessions in David Jones and Myer department stores. Deloitte partners Richard Hughes, - [Local Markets - The Winning Formula](https://leaseconsultant.com.au/local-markets-the-winning-formula/) - Staying connected with customers, day & night delivering relevant and exciting experiences for all. Australia’s Local Markets are leading the way when it comes to remaining relevant and delivering unique food experiences. Where other precincts are trying to figure out how to evolve and expand their F&B offer, the best of Australia’s markets have been - [GEM Three™ Extrapolated](https://leaseconsultant.com.au/gem-three-extrapolated/) - INTRODUCTION I wrote this article a hundred times last night. Between say 2.00 to 4.00 AM. How to write it; what to say. Will it be clear, etc. There are at least 6 / 7 PhD papers to tease out here in: valuation/appraisal X 2; Monetary Policy X 1; Investment X1; Finance X2; etc. GEM - [Outgoings Code of Conduct: thwarted by Shopping Centre Council](https://leaseconsultant.com.au/outgoing-code-of-conduct/) - This article includes: My original draft of the Outgoings Code of Conduct; Mr Bruce York, then of Woolworths’ final draft. Outgoings Code of Conduct: threat or opportunity and how it might work By DE Gilbert August 2002 © The aim of the Code of Conduct is to ensure there are uniform principles for measuring, apportioning, - [Roger Corbett ends as an advisor to the board of Woolworths](https://leaseconsultant.com.au/roger-corbett-ends-as-an-advisor-to-the-board-of-woolworths/) - Australian retail veteran, Roger Corbett, who needs no introduction, has just ended his most recent stint as an advisor to the board of Woolworths. In this special instalment of From The Source, Inside Retail speaks broadly with Corbett on his views on key issues in Australian retail. Justin Grey: Was the Aldi threat to Australian - [Destination Malls strategy bearing fruit - Inside Retail](https://leaseconsultant.com.au/destination-malls-strategy-bearing-fruit-inside-retail/) - Retail landlord Scentre Group announced it still expects to see approximately 3 per cent growth in funds from operation (FFO) for the 12 months ending December 31, 2019, a year in which it will have completed a special project at Westfield Woden and the redevelopment of Westfield Newmarket. The distribution for 2019 is forecast to - [Billson joins API board - AUSTRALIAN PROPERTY INSTITUTE](https://leaseconsultant.com.au/billson-joins-api-board-australian-property-institute/) - THE Australian Property Institute has appointed Bruce Billson as an independent non-executive director to the board. Billson was the former Minister for Small Business from September 2013 to September 2015, and represented the seat of Dunkley from 1996 to 2016. As a Treasury portfolio cabinet minister, he spearheaded that Abbott government’s SME agenda to ‘energise - [Franchising: to franchise or be franchised](https://leaseconsultant.com.au/franchising-to-franchise-or-be-franchised/) - © Copyright 2016, Donald Evan Gilbert. All rights reserved. I wrote this article in 2006. It is the product of an article I wrote in 1996. It has been published several times in industry magazines. I believe many franchised business models are simply broken. High Franchise fees (and advertising and in effect many other scams) - [Reverse mortgage market comes back to life](https://leaseconsultant.com.au/reverse-mortgage-market-comes-back-to-life/) - Your house is your castle; avoid any form of debt; providing personal guarantees; directors guarantees at all costs including reverse mortgages ME Bank has thrown its weight behind a new reverse mortgage lender, providing $100 million of funding and taking an equity position in Household Capital. The company is chaired by former Minister for Superannuation - [We warned against this in 2016 already](https://leaseconsultant.com.au/we-warned-against-this-in-2016-already/) - Retail insolvencies on the rise, report finds – Inside Retail Australia – 4 Mar 2019 More than 465 bricks-and-mortar stores closed their doors for good in the US over the weekend, sparking headlines that the ‘retail apocalypse’ is alive and well. And while the store closure surge was primarily driven by retailers, such as Gap, - [Kaufland to start operating in Australia - Inside Retail Australia - 8 Mar 2019](https://leaseconsultant.com.au/kaufland-to-start-operating-in-australia/) - There is no doubt in our minds that Australian businesses have not been allowed to be “competitive”, excessive leasing costs and or “Old School” management style ……….. https://www.insideretail.com.au/news/three-kaufland-sites-approved-in-victoria-201903 - [Ed Harry closing down for good - Inside Retail Australia 8 Feb 2019](https://leaseconsultant.com.au/ed-harry-closing-down-for-good-inside-retail-australia-8-feb-2019/) - Three weeks after entering voluntary administration, specialty menswear retailer Ed Harry is closing down for good. It was the company’s only option, according to administrators Brendan Richards and Gayle Dickerson of KPMG, who said they had received no viable offers to purchase the business. https://www.insideretail.com.au/news/ed-harry-closing-down-for-good-201902 - [RFG totters on the brink - Article on Inside Retail Australia 11 Mar 2019](https://leaseconsultant.com.au/rfg-totters-on-the-brink-article-on-inside-retail-australia-11-mar-2019/) - Retail Food Group remains in danger of collapse as it tests the nerve of its financiers. The multi-brand franchisor has racked up losses of more than half a billion dollars in the past 18 months; its market capitalisation has fallen below $50 million, with its share price dropping to 25¢ last week on the Australian - [Wider Property Matters](https://leaseconsultant.com.au/wider-property-matters/) - Wider Property Matters: “Cladding decisions now coming out about Australian Property Development https://www.linkedin.com/pulse/stunned-mullets-australias-response-grenfell-tower-disaster-gilbert/ https://www.abc.net.au/news/2019-02-21/cladding-crisis-spreads-to-suburbs-materials-banned/ - [Intellectual Property -breach of copyright a serious matter](https://leaseconsultant.com.au/intellectual-property-breach-of-copyright-a-serious-matter/) - Intellectual Property: “Not only is breach of copyright in a general sense a serious issue, simply breaching a “pivotal part” of Intellectual Property is serious. Consider when Microsoft breached Lotus. How was it established; Lotus has a latent defect it knew about. If it could be established that Microsoft Excel had “cribbed” the Lotus software, - [Stress Testing - the metrics of residential housing sector](https://leaseconsultant.com.au/stress-testing-the-metrics-of-residential-housing-sector/) - Don Gilbert’s investigative work into residential market as he teased out reasoning and logic of what was going on in that sector in Australia from early 2016 https://www.linkedin.com/pulse/value-vs-price-discovery-misallocation-capital-retail-don-gilbert/ 4th April 2016 https://www.linkedin.com/pulse/residential-rubberstamped-don-gilbert/ 6th May 2016 https://www.linkedin.com/pulse/our-residential-casino-don-gilbert/ June 12th 2016 https://www.linkedin.com/pulse/australias-fetish-cost-price-don-gilbert/ August 16th 2016 https://www.linkedin.com/pulse/residential-property-all-supply-demand-we-zero-bound-wrong-gilbert/ August 16th 2016 https://www.linkedin.com/pulse/residential-property-australia-citi-bank-says-its-1100-don-gilbert/ September 8th 2016 https://www.linkedin.com/pulse/would-you-give-up-roof-over-your-head-without-money-bank-don-gilbert/ October 13th 2016 - [Silver Jewellery Shop & Piercing Planet vs Telado](https://leaseconsultant.com.au/gift-wear-shop-jurisdiction/) - State/Jurisdiction: https://www.sclqld.org.au/caselaw/QCAT/2013/561 . Gift wear Shop. Second SRV ordered to determine current market rent CBD Retail Shop. Complexity: 8 / 10 Parties to Dispute: Silver Jewellery Shop & Piercing Planet v Telado Pty Ltd & G&J Drivas Pty Ltd [2013] QCAT 561 (RSL128-12) parties legally represented. Our Instruction: Make submission to SRV; on failing to - [Retail Convenience Store / Supermarket](https://leaseconsultant.com.au/retail-convenience-store-supermarket/) - Premises: Retail Convenience Store / Supermarket Parties: Family owned business and landlord; very long-term relationship say 30 years Lease conditions / lease terms: new 5 + 5 year lease offered; Gross rent offered: $125,000 pa up from circa $105,000 Ran software modelling: used industry benchmarks; similar premises mainly in proximate area which supported circa $60,000 - [Options and market reviews: an old article](https://leaseconsultant.com.au/options-and-market-reviews-an-old-article/) - Options and market reviews – AUSTRALIAN LEASE & PROPERTY CONSULTANTS Pty Ltd; 3D Economics Pty Ltd © Copyright Donald Evan Gilbert Sept 2009 © By Don E Gilbert Donald E Gilbert – Australian Lease & Property Consultants Pty Ltd B Com/B Econ; Dip Prop Val; Cert Med & Arbit. CPV; MRICS (RICS accredited valuer expert - [The market review process: it does work a 2012 article published in Industry Magazine](https://leaseconsultant.com.au/the-market-review-process-it-does-work-a-2012-article-published-in-industry-magazine/) - The market review process: it does work by Don E Gilbert Donald E Gilbert Australian Lease & Property Consultants Pty Ltd B Com/B Econ; Dip Prop Val; Cert Med & Arbit. CPV; MRICS (RICS accredited valuer expert and arbitrator) Specialist Retail Valuer & Arbitrator We value leases across Australia Firm Regulated by RICS AUSTRALIAN LEASE - [Market rent review: mechanism, pitfalls & how it works?](https://leaseconsultant.com.au/market-rent-review-mechanism-pitfalls-how-it-works/) - By Don E Gilbert Queensland Lease Consultants © May 2003 published in an industry magazines in 2000 and 2003 Peer Reviewed by friend colleague mentor and Tribunal Member of QCAT Malcolm Macrae In this article we will cover: The importance of the market review; The process; and How the process and outcomes are sometimes subverted? - [A property 'bloodbath'? The worst-case scenario for the Australian market](https://leaseconsultant.com.au/a-property-bloodbath-the-worst-case-scenario-for-the-australian-market/) - A housing report warning of an impending property “bloodbath” where prices could fall by half in Sydney and Melbourne this year alone is a worst-case scenario, according to Nine finance editor Ross Greenwood. The report by LF Economics founder Lindsay David predicts prices in Sydney and Melbourne will fall by up to 25 per cent - [Is a $170.00 Aus Professional Fee (sic) "reasonable"​ to value appraise a sub-$1.0 mill residential property?](https://leaseconsultant.com.au/is-a-170-00-aus-professional-fee-sic-reasonable​-to-value-appraise-a-sub-1-0-mill-residential-property/) - Don Gilbert is a Specialist Retail Valuer (“SRV”), a 3D Economist and an arbitrator. He provides independent, impartial advice to landlords, prospective investors and tenants ref www.auslease.com.au or www.leaseconsultant.com.au He is also the inventor of the GEM Method of evaluating the ‘reasonable’[1] rent. TITLE (not this article not properly edited; straight off the press) ‘Is - [‘GEM One™ evaluation of an Expert’s Determination’](https://leaseconsultant.com.au/gem-one-evaluation-of-an-experts-determination/) - Don Gilbert is a Specialist Retail Valuer (“SRV”), a 3D Economist and an arbitrator. He provides independent, impartial advice to landlords, prospective investors and tenants. He is also the inventor of the GEM Method of evaluating reasonable retail rent. TITLE ‘GEM One™ evaluation of an Expert’s Determination’ © Donald E Gilbert as Trustee Gilbert Family - [Overseas Inquiry to Purchase Large Australian Retail Chain](https://leaseconsultant.com.au/overseas-inquiry-to-purchase-large-australian-retail-chain/) - My office has just had an overseas due diligence inquiry about the purchase of a large Australian retail chain. The price points (and value and price they might pay, and the rents and valuations and the sustainability of same) are currently being held up by business momentum and historical figures. With high unsustainable minimum wages - [For the Record](https://leaseconsultant.com.au/for-the-record/) - For the record. Normally the New South Wales ADT demonstrates the most common sense, with decisions that are both clear-cut and fair and equitable. Not so in Eastpoint vs Grayson (matter 105212) [since dismissed by Judicial Member Molony, who then decided that the lease which clearly intended to and was operating under the NSW legislation, - [Update on 2013/14 Review of NSW Legislation](https://leaseconsultant.com.au/update-on-2013-14-review-of-nsw-legislation/) - The 2013/14 review of the New South Wales legislation is under way. NSW appears to be seeking far more transparency in regard to leases and lease negotiation than you find in QLD where there is an information asymmetry between parties. The disparity in lease outcomes between New South Wales and Queensland has been evident for - [QLD Retail Shop Leases Act Review](https://leaseconsultant.com.au/qld-retail-shop-leases-act-review/) - The 2012 review of the Queensland Retail Shop Leases Act is still ongoing. Early (sic) indications are that there will be no material change to even the negotiation and information imbalance between industry stakeholders. The Queensland Government seems more interested in building and construction which makes up less than 5.0% of a properties life vs - [Is the Queensland Civil and Administrative Tribunal Functioning Properly?](https://leaseconsultant.com.au/is-the-queensland-civil-and-administrative-tribunal-functioning-properly/) - For quite some time we have been vocal in our criticism of what we see as an unhealthy “culture” within the Queensland Civil and Administrative Tribunal (QCAT). It is a publicly funded body whose behavior ought to be absolutely independent, impartial and objective; to date this has not been the case. However, there are some - [Important "Pub Companies and Tenants Consultation" by UK Government](https://leaseconsultant.com.au/important-pub-companies-and-tenants-consultation-by-uk-government/) - Jo Swinson, who was elected as the Liberal Democrat MP for the UK’s East Dunbartonshire in 2005, and in 2012 became the Minister for Employment Relations and Consumer Affairs (Department for Business, Innovation and Skills) and Mike Benner, Chief Executive of the Campaign for Real Ale (CAMRA), with 150,000 members, discuss on YouTube the UK - [Don Gilbert Interviewed by Steve Austin on 612 ABC Brisbane](https://leaseconsultant.com.au/don-gilbert-interviewed-by-steve-austin-on-612-abc-brisbane/) - Click on this link to hear a discussion about how retail lease costs are killing business and what needs to be in the legislation in order to remedy the situation, specifically end-of-lease dispute resolution mechanisms. http://blogs.abc.net.au/queensland/2012/02/are-retail-lease-costs-killing-business.html?site=brisbane&program=612_morning - [Retail Butcher Shop](https://leaseconsultant.com.au/retail-butcher-shop/) - Parties: Family owned business major landlord; new lease; Tenant got “stitched up” with wholesale sales brought into percentage rent. Perhaps some misrepresentation going into lease. Lease conditions / lease terms: New 5 year lease; 18 months into lease; Gross rent paid: $160,000 pa; Ran software modelling: used industry benchmarks; similar butcher shop premises (rental evidence) - [Retail Book Shop](https://leaseconsultant.com.au/retail-book-shop/) - Lease conditions / lease terms: 10 year lease; mid-term market review; new Landlord’s valuer failed to stress-test metrics for property acquisition; Gross rent being paid: $472,000 pa; Landlord’s agents sought to justify similar rent by presenting “untested” rental evidence aka effectively what is / was a “number”. This lease had caused technical insolvency of Tenant’s - [Retail Pharmacy](https://leaseconsultant.com.au/retail-pharmacy/) - Parties: Family owned business and landlord; long-term relationship will be 20 or so years by lease end Lease conditions / lease terms: Retrospective mid-term review for 10 year lease back-dated to 2014; Gross rent: As at 2017 was $125,000 pa; Ran software modelling: used industry benchmarks; similar premises mainly in proximate area which supported circa - [Retail Butcher major A-REIT](https://leaseconsultant.com.au/retail-butcher-major-a-reit/) - Lease conditions / lease terms: New 5.0 year lease; Gross rent offered: Small increase to circa $92,500 pa; Ran software modelling: used industry benchmarks; similar premises supported gross rents of $70,000; Outcome: New lease finalised and settled for $75,000 Comments: Inflated rents may significantly inflate the value of any property. Prior to acquiring a property, - [Retail Butcher in major Shopping Centre (Privately Owned)](https://leaseconsultant.com.au/retail-butcher-in-major-shopping-centre-privately-owned/) - Lease conditions / lease terms: Early in 7.0 year lease. Poor representation by “lease negotiator” who stitched up Tenant; followed by business disruption in shopping centre; Gross rent paid: Circa $160,000 pa 12.0% of turnover; Ran software modelling: used industry benchmarks; similar premises supported gross rents of $90,000; Outcome: Potential “claim” averted for business disruption; - [Retail Franchise Shop in major A-REIT](https://leaseconsultant.com.au/retail-franchise-shop-in-major-a-reit/) - Lease conditions / Lease terms: End of 6.0 year lease “stitched up” just before major shopping centre extension; Gross rent offered: Increased from circa $160,000 pa to $210,000 by lease end (circa 30.0% of turnover); Ran software modelling: used industry benchmarks; similar premises supported gross rents of $90,000 to $105,000 or thereabouts; Outcome: Still awaiting - [D & M Pelle Holdings vs Cottrell](https://leaseconsultant.com.au/d-m-pelle-holdings-jurisdiction/) - State/Jurisdiction: D & M Pelle Holdings Pty Ltd v Cottrell Pty Ltd (No 2) [2005] ACTSC 82 (29 August 2005). Breach of exclusivity in lease; breach of quiet use and enjoyment. Experienced Canberra retailer’s lease breached and damaged Intangible Asset (‘IA’) Value of good flexible lease. Lease (paying higher rent vs anchor grocery store) added - [Queensland flooding has landlords & tenants scrambling for their leases](https://leaseconsultant.com.au/queensland-flooding-has-landlords-tenants-scrambling-for-their-leases/) - In Queensland flooding of shops and businesses has seen landlords and tenants scrambling for their leases; every situation is different, sometimes legal opinion is required, sometimes a commercial outcome is best. Sometimes legal and commercial redress is required. Most leases make provision for rent reductions and or cancellation of contracts. We are well placed to - [We pay the legislators, regulators and judiciary good money to legislate](https://leaseconsultant.com.au/we-pay-the-legislators-regulators-and-judiciary-good-money-to-legislate/) - We pay the legislators, regulators and judiciary good money to legislate, regulate, and make decisions that make good sense, that bring about efficacy and certainty to the law and how the industry conducts itself. The general intent in State Tenancy Laws, was that ratchet clauses (which contribute to asset “bubbles”) were outlawed from around 1994. - [Anthony's Fine Jewellers vs AMP Pacific Fair](https://leaseconsultant.com.au/anthonys-fine-jewellers-vs-amp-pacific-fair/) - State/Jurisdiction: QCAT 094 Parties to Dispute: 14 Kings Jewellers Pty Ltd t/a Anthony’s Fine Jewellers vs AMP Pacific Fair Pty Ltd used precisely same methods we had used in Christodoulou to prepare claim (achieved I believe close to 3 X Calderbank offer with 4/5 days work including uncovering data fraud). In fact the lawyers who - [Major government landlord vs Retail News Agency](https://leaseconsultant.com.au/major-government-landlord-vs-retail-news-agency/) - State/Jurisdiction: QCAT (Old Retail Shop Leases Tribunal) Southbank Corporation and newsagent Breach of lease quiet use and enjoyment Parties to Dispute: Major government landlord and retail news agency. Tenant represented themselves. Telephone inquiry: volunteer advice in regard to loss. Description of Dispute: Breach of quiet use and enjoyment How Settled: During a 45 minute telephone - [Friendly Grocer vs Retail Landlord](https://leaseconsultant.com.au/friendly-grocer-vs-retail-landlord/) - State/Jurisdiction: Did not go to Tribunal Parties to Dispute: QCAT 2009/0088 Homecote Pty Ltd t/a Friendly Grocer vs Capri Enterprises Pty Ltd Retail landlord and retail anchor tenant Instruction: calculate quantum for mediation, i.e. forensic accounting exercise from business records. A second report was prepared regard to maintenance issues by architect qualified valuer Type of - [Hayley Lewis Swim School vs Lend Lease Real Estate](https://leaseconsultant.com.au/hayley-lewis-swim-school-vs-lend-lease-real-estate/) - State/Jurisdiction: Did not go to court (Potential Tribunal/Supreme Court). Complexity: 7.0/10 Parties to Dispute: Taytom Pty Ltd, trading as Hayley Lewis Swim School vs Lend Lease Real Estate Investments Limited and Westfield Management Limited both represented by major law firms. Instruction: Undertake forensic evaluation from business records (Annual Financial Statements) to provide opinion of losses. - [Jascot Lodge vs Garden City Booragoon](https://leaseconsultant.com.au/jascot-lodge-garden-city-booragoon/) - State/Jurisdiction: Western Australia Supreme Court Complexity: 8.5 / 10 Parties to Dispute: Plaintiff: Jascot Lodge No 3 Pty Ltd, t/a Shearers Menswear, Garden City Booragoon Shopping Centre, City of Melville, Perth and AMP Life Ltd Type of Dispute: Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease Description of Dispute: Shopping centre management leased the - [Essentials vs ISPT Wintergarden Shopping Centre](https://leaseconsultant.com.au/wintergarden-shopping-centre-jurisdiction/) - State/Jurisdiction: QCAT Complexity: 8.5 / 10 Parties to Dispute: Plaintiff: QCAT 033 – 11 Nobilio & Christodoulou t/a Essentials vs ISPT Pty Ltd https://www.sclqld.org.au/caselaw/QCAT/2013/206 Type of Dispute: Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease Description of Dispute: Significant disruption in Wintergarden Shopping Centre. Reduce visibility of shop due to kiosk. Centre management failed - [District Court Dispute No BD3053/08 Putney Bridge Pty Ltd and Y&P Pty Ltd & Ors](https://leaseconsultant.com.au/district-court-dispute-no-bd3053-08-putney-bridge-pty-ltd-and-yp-pty-ltd-ors/) - State/Jurisdiction: District Court Dispute No BD3053/08 Putney Bridge Pty Ltd and Y&P Pty Ltd & Ors Complexity:7.5 / 10 Parties to Dispute: Plaintiff: Landlord of small shopping centre Defendant: Tenant (food shop) Type of Dispute: Outgoings Dispute Instructions Received from Plaintiff (Landlord) How Settled: Parties’ legal representatives before hearing on our Expert’s Report as the - [Ten Pin Bowling Arbitration Landlord](https://leaseconsultant.com.au/ten-pin-bowling-jurisdicton/) - State/Jurisdiction: Arbitration matter. Tenpin Bowling. Current market rent. Action launched in District Court. Complexity: 8 / 10 Parties to Dispute: Parties legally represented by established law firms. Instruction: Establish current market rent for highly specific use (sporting facility). Description of Dispute: Original rent was $215,000. On exercising option proposed rent $220,000. Location extremely poor. Possible/potential - [Westcourt Pharmacy vs Direct Factory Outlets](https://leaseconsultant.com.au/pharmacy-lease-jurisdiction/) - State/Jurisdiction: https://www.sclqld.org.au/caselaw/QCAT/2015/275 . Pharmacy Lease. Current market rent. Complexity: 8.5 / 10 Parties to Dispute: Devery’s Pharmacy Services Pty Ltd t/a Westcourt Plaza Pharmacy v Direct Factory Outlets Cairns Pty Ltd [2015] QCAT 275 (RSL011-14) parties legally represented by established law firms. Instruction: Determine Current Market Rent. Description of Dispute: Original rent was $374,000. On - [Albion Comedy Club vs Restaurant Malisano & Ors](https://leaseconsultant.com.au/albion-comedy-club-jurisdiction/) - State/Jurisdiction: https://www.sclqld.org.au/caselaw/QCAT/2015/340 Albion Comedy Club market rent. Action launched in District Court. Complexity: 8 / 10 Parties to Dispute: Brisbane Comedy Pty Ltd t/as Albion Comedy Club & Restaurant v Malisano & Ors [2015] QCAT 340 (RSL071-14) parties legally represented by established law firms. Our Instruction: Make submission to SRV; on failing to determine current - [Chemmart Annandale vs The Angliss Estate](https://leaseconsultant.com.au/pharmacy-lease-state-jurisdiction/) - State/Jurisdiction: QCAT https://www.sclqld.org.au/caselaw/QCAT/2017/429 and https://www.sclqld.org.au/caselaw/QCAT/2014/171 Pharmacy lease. Second Specialist Retail Valuer (SRV) failed to determine current market rent in terms of S 29 RSLA. Complexity: 9 / 10; limited evidence at the time; retrospective to 2011 Parties to Dispute: Annandale Pharmacies (NQ) Pty Ltd trading as Chemmart Annandale v The Angliss Estate (Annandale) Pty Ltd - [Matter referred from Queensland Tribunal to District Court.](https://leaseconsultant.com.au/matter-referred-from-queensland-tribunal-to-district-court/) - state/Jurisdiction:Matter referred from Queensland Tribunal to District Court. Outgoings dispute for landlord. Complexity: 7.5/10 Parties to Dispute: Landlord/tenant legally represented. Instruction: provide forensic analysis and expert’s report for outgoings dispute. Type of Dispute: Alleged Breach of ‘Quiet Use & Enjoyment’ of Lease Description of Dispute: Complex forensic report for outgoings dispute.Quantum not significant. Action needed - [Western Australia Supreme Court](https://leaseconsultant.com.au/western-australia-supreme-court/) - Shopping centre management leased the space in front of the menswear shop to a juice bar. Not only did this reduce the visibility of the shop within the centre, it also set up a ‘clash of cultures’ between the shop’s client base and the groups of teenagers who frequented the juice bar and who Plaintiff alleged were‘crowding’ access and egress to the store, swearing, spilling drinks, etc. - [Due diligence](https://leaseconsultant.com.au/due-diligence/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE The inquiry was with regard to the selling price of a shopping centre. The purchaser wanted to know what one might offer as “fair value” on the property DESCRIPTION OF DISPUTE The asking price was over $20 million Analysis of leases, and the quality of income streams warranted offering - [Tribunal matter](https://leaseconsultant.com.au/tribunal-matter-2/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented INSTRUCTION: Provide expert’s report about losses sustained for breach of quiet use and enjoyment, i.e. forensic accounting exercise from business records. Another expert’s report is required from an AAAPC member with regard to causation DESCRIPTION OF DISPUTE The matter was settled at mediation, negotiated between the parties - [Submission to determining-valuer](https://leaseconsultant.com.au/submission-to-determining-valuer-2/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Tenant legally represented. INSTRUCTION: Prepare submission to determining valuer for Tenant. DESCRIPTION OF DISPUTE Tenant paying $145,000. Landlord sought $220,000 + on exercise of option but was willing to “settle” at $195,000 There was no evidence exceeding $110,000 under the permitted use, nor would financiers support business finance at more than - [Submission to determining valuer](https://leaseconsultant.com.au/submission-to-determining-valuer/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE INSTRUCTION: Prepare submission to determining valuer for Tenant Excellent example of NSW and Administrative Decisions Tribunal (‘ADT’) appointment of expert Specialist Retail Valuer working to settle dispute. In the process, the operation of the market between willing Landlords and Tenants starts working better If parties pay current market rent, supply better - [Tribunal matter](https://leaseconsultant.com.au/tribunal-matter/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented INSTRUCTION: Provide expert’s report about losses sustained for breach of quiet use and enjoyment, i.e. forensic accounting exercise DESCRIPTION OF DISPUTE Landlord allegedly breached quiet use and enjoyment over sustained period How it was settled Dispute “settled” at Conciliation Conference In my opinion this was not in - [Expert determination](https://leaseconsultant.com.au/expert-determination/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Joint appointment by parties’ legal representatives INSTRUCTION: DESCRIPTION OF DISPUTE Dispute about the “market rent” for 5-year option How it was settled Entered into joint agreement with landlord and tenant to settle dispute. Settled other disputes within the lease on a poorly drafted document which required consensus before rental dispute - [Arbitration matter](https://leaseconsultant.com.au/arbitration-matter/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented by established law firms. INSTRUCTION: Establish current market rent for highly specific use (sporting facility) DESCRIPTION OF DISPUTE Current rent was approximately $215,000. On exercising option proposed, rent was over $220,000 How it was settled Both Landlord’s and Tenant’s experts agreed on current market rent without - [Queensland Tribunal matter](https://leaseconsultant.com.au/queensland-tribunal-matter/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Major Queensland Government Superannuation fund and clothing outlet. Parties legally represented for quiet use dispute INSTRUCTION: Experts report for calculating loss; experts report of current market rent for new “take-it-or-leave-it” lease terms; further report as parties failed to act on either of above reports DESCRIPTION OF DISPUTE Expert’s report & - [WA Supreme Court matter (matter unlikely to go to hearing due to illness of Plaintiff’s family member)](https://leaseconsultant.com.au/wa-supreme-court-matter-matter-unlikely-to-go-to-hearing-due-to-illness-of-plaintiffs-family-member/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Both parties legally represented by established law firms. Reasonably large retail chain store and major A-REIT INSTRUCTION: Telephone inquiry: volunteer advice in regard to loss 1. Peer review Plaintiff’s expert (a PhD qualified accountant) and provide back-up calculations, i.e. forensic accounting exercise from business records 2.Respond to Defendant’s expert - [Retail lease matter – read Schnitzel World Pty Ltd.](https://leaseconsultant.com.au/retail-lease-matter-read-schnitzel-world-pty-ltd/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE In D & M Pelle Holdings Pty Ltd v Cottrell Pty Ltd (No 2) [2005] ACTSC 82 (29 August 2005).Experienced Canberra retailer’s lease breached which would significantly damage Intangible Asset Value of good flexible lease. The lease would have added value to both the landlord and the tenants assets i.e. - [JurisdictionTribunal matter](https://leaseconsultant.com.au/jurisdictiontribunal-matter/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Major government landlord and retail newsagency. Tenant represented themselves (and was capable of doing so) INSTRUCTION: Telephone inquiry: volunteer advice in regard to loss. DESCRIPTION OF DISPUTE Breach of quiet use and enjoyment due to landlord works. How it was settled During a 45 minute telephone conversation, the expert advised - [Did not go to Tribunal](https://leaseconsultant.com.au/did-not-go-to-tribunal/) - Parties/legal representation/ type of dispute Retail landlord and retail anchor tenant INSTRUCTION: Calculate quantum for the purposes of mediation, i.e. forensic accounting exercise from business records A second report was prepared with regard to maintenance issues DESCRIPTION OF DISPUTE As above, including failure to maintain premises How it was settled Settled at mediation by the - [Did not go to court (potential Tribunal jurisdiction)](https://leaseconsultant.com.au/did-not-go-to-court-potential-tribunal-jurisdiction/) - Parties/legal representation/ type of dispute Major superfund and interstate based retail chain. One represented by medium sized Brisbane law firm and small inter-state law firm INSTRUCTION: Calculate quantum, i.e. forensic accounting exercise from business records DESCRIPTION OF DISPUTE Loss of derogation of grant Early termination of lease Failure to maintain traffic, etc How it was - [JURISDICTION – Matter referred from Queensland Tribunal to District Court](https://leaseconsultant.com.au/lorem-ipsum-is-simply-dummy-text/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Landlord/tenant both legally represented INSTRUCTION: From large landlord and medium sized law firm to provide forensicanalysis and expert’s report for outgoings DESCRIPTION OF DISPUTE Complex forensic report for outgoings dispute Quantum not significant but,if not settled, conse quences couldhave been further possible claims from other parties How it was settled - [JURISDICTION -Did not go to court (potential Tribunal/Supreme Court)](https://leaseconsultant.com.au/hello-world/) - PARTIES/LEGAL REPRESENTATION/ TYPE OF DISPUTE Major A-REIT/high profile former Olympian, both represented by major law firms INSTRUCTION: from major law firm, for tenant, to assist in calculating quantum, i.e. forensic accounting exercise from business records DESCRIPTION OF DISPUTE Unintended misrepresentation Consequential breach of quiet use Plus potential damage to personal “brand”, beyond lease term How ## Pages - [Homepage](https://leaseconsultant.com.au/) - Tool to calculate reasonable rent prices. Don Gilbert studied reasonable rent extensively. - [Toggle Bar](https://leaseconsultant.com.au/toggle-bar/) - Don E Gilbert With 30 years of hands-on experience in multiple facets of the property industry, the last 20 focused on retail dynamics, including retail shop leases, retail property valuation and current market rent, Don is an experienced retail leasing consultant. Australian Lease & Property Consultants Pty Ltd B Com/B Econ; Dip Prop Val; Cert - [Contact Don](https://leaseconsultant.com.au/contact-don/) - Send us a Message Use the form below to send us a message. Be sure to include all important information so we can respond correctly to your request. Please leave this field empty. - [Services](https://leaseconsultant.com.au/services/) - PROFESSIONAL SERVICES CALL THE EXPERT! Turning the Art of Retail Lease Evaluation int a Science: Part 1 Market Rent Revisited 2003 Evaluating the Reasonable Rent for Multiple Retail Lease September 2018 Evaluating the Reasonable Rent for One Retail Lease – September 2018VIEW MORE INTERNATIONAL PAPERS - [Services1](https://leaseconsultant.com.au/services1/) - Retired Specialist Retail Valuer Retail Property Consultant (leases) Expert Determinations/ Expert witness Specialist Retail Valuation Submissions Lease Negotiation & Dispute Resolution Outgoings Analysis / Benchmarking Business Analyses / Benchmarking Ratio & Sensitivity Analyses Identify Unfair Contract matters and quantification of same Breach-of-lease Loss Calculations Shopping Centre & Business Modelling Due Diligence – acquisitions Lease Negotiation - [International Papers](https://leaseconsultant.com.au/international-papers-reports/) - The articles and presentations available here will give you a better understanding of the retail property industry (particularly in Australia). They encapsulate the knowledge gained during thirty years of practical, hands-on experience in the industry in a variety of roles and from a variety of perspectives. No matter what role you play in the industry - [Case Studies](https://leaseconsultant.com.au/case-studies/) - Lease Consultant Don Gilbert has a lot more case-studies. This is a sample of some old and new material.It is important to bear in mind that overall the retail shop leases rental market is “over-priced” to substantially over-priced.There have been some substantial decreases at determination and by negotiation. NewsBeta Testing Software ONE Retail LeaseBreach of - [News](https://leaseconsultant.com.au/news/) - NewsAustralian Retail NewsCase Studies NewsInternational Valuation StandardsMarket Rent Market ValueResidential Property Snippets AustraliaProviding Opinions or Determining Current Market Rent during a pandemic eg. Covid-19, including compliance with Australia’s National Code of ConductApril 20, 2020When Covid-19 first started emerging sometime in January my ears pricked up. Since I was…Read more‘Evaluating Current Market Rent: Running a Single - [Privacy Policy](https://leaseconsultant.com.au/privacy/) - At Australian Lease & Property Consultants, we understand that the details you provide us are private and personal. It’s important that you feel secure whenever you deal with us. It’s also important that you understand how we protect your privacy, as well as how, when and where we may use your details. The following is - [Terms and Conditions](https://leaseconsultant.com.au/terms-and-conditions/) - General Terms & Conditions The following Terms and Conditions govern your use of the Australian Lease & Property Consultants Pty Ltd website. Please read these Terms & Conditions carefully before using leaseconsultant.com.au. By accessing or using our website, you agree to be bound by our terms and conditions. The information and/or services provided to you - [FAQs](https://leaseconsultant.com.au/faq-page/) - Please browse through our most frequently asked questions. How much do you charge?A fraction of what it will cost if a less qualified or experienced person would cost if they get it wrong. Why?A lease is a recurring expenses and so the damage it does to one business goes on for the duration of the - [Testimonials](https://leaseconsultant.com.au/testimonials/) - Here are some of the client testimonials that Don Gilbert helped with their retail property rentals, through the years. AllDedicationExperienceSpecialist AdviceValues - [Shop](https://leaseconsultant.com.au/shop/) ## Papers - [Turning the Art of Retail Lease Evaluation int a Science: Part 1](https://leaseconsultant.com.au/papers-article/turning-the-art-of-retail-lease-evaluation-int-a-science-part-1/) - PART 1: DEFINING AND UNDERSTANDING THE PROBLEM AND THE CONSEQUENCES Valuation of retail leases is increasingly inaccurate as industry moves away from substantive analysis. While simplification is partly understandable, the vast oversimplification that has occurred is disastrous for the retail sector, the economy, and the environment. Current practice excludes from the retail lease valuation process - [Market Rent Revisited 2003](https://leaseconsultant.com.au/papers-article/market-rent-revisited-2003/) - THE AUSTRALIAN PROPERTY JOURNAL – AUG 2003 In 1995 Don Gilbert wrote an article in The Australian Property Institute’s quarterly Journal entitled ‘Market Rent – What is it?‘ This article seeks to update and review the status of the industry. FULL ARTICLE DOWNLOAD - [Evaluating the Reasonable Rent for Multiple Retail Lease September 2018](https://leaseconsultant.com.au/papers-article/evaluating-the-reasonable-rent-for-multiple-retail-lease/) - INTERNATIONAL VALUATION STANDARDS COUNCIL & NATIONAL ASSOCIATION OF AUTHORIZED ROMANIAN VALUERS, INTERNATIONAL VALUATION CONFERENCE, BUCHAREST, ROMANIA, SEPTEMBER 2018 The Author believes there is a significant shortfall in the way property is valued appraised. In effect, failing to evaluate the reasonable rent for one lease, causes the rent for a bundle of leases to be over-rented - [The Profits method exposed: The Benefits and Limitations - January 2017](https://leaseconsultant.com.au/papers-article/the-profits-method-exposed-the-benefits-and-limitations/) - 23RD ANNUAL PACIFIC RIM REAL ESTATE SOCIETY CONFERENCE SYDNEY, NEW SOUTH WALES, AUSTRALIA 15TH – 18TH JANUARY 2017 Prof. Alan Millington’s paper advocated ‘The Profits Method’ as an alternative method to value the ‘current market rent for a retail lease. He states it is widely used in the United Kingdom. This involves a thorough forensic - [Comparison method of valuing a retail shop lease - January 2017](https://leaseconsultant.com.au/papers-article/comparison-method-of-valuing-a-retail-shop-lease/) - 23RD ANNUAL PACIFIC RIM REAL ESTATE SOCIETY CONFERENCE SYDNEY, NEW SOUTH WALES, AUSTRALIA 15TH – 18TH JANUARY 2017 This paper is a follow-up of my earlier paper about the Profits Method, relating to perceived benefits and limitations using that method to determine market rent. Mr. Malcolm Macrae used the Profits Method extensively in his determinations - [Evaluating the Reasonable Rent for One Retail Lease - September 2018](https://leaseconsultant.com.au/papers-article/evaluating-the-reasonable-rent-for-one-retail-lease/) - INTERNATIONAL VALUATION STANDARDS COUNCIL & NATIONAL ASSOCIATION OF AUTHORIZED ROMANIAN VALUERS, INTERNATIONAL VALUATION CONFERENCE, BUCHAREST, ROMANIA, SEPTEMBER 2018 Merges GEM™ One to GEM™ Four (‘Gilbert Evaluation Methods’) Modelling, which analyses risk in the retail property sector from a single lease to the industry as a whole including gearing. The papers incorporate pivotal modelling which properly - [Everyone Loses when there is a misallocation of stakeholders capital-Part2 - 2013](https://leaseconsultant.com.au/papers-article/everyone-loses-when-there-is-a-misallocation-of-stakeholders-capital-part2/) - Copyright © 2013 by Donald Evan Gilbert, Managing Director, Australian Lease & Property Consultants Pty Ltd and 3D Economics Pty Ltd Part II also considers using the Profit Method of valuation and other alternatives to provide checks and balances that counteract these distortions. Part III delves into the possible legal effects and ramifications of dysfunctional - [Everyone Loses when there is a misallocation of stakeholders capital-Part1 - 2013](https://leaseconsultant.com.au/papers-article/everyone-loses-when-there-is-a-misallocation-of-stakeholders-capital-part1/) - Copyright © 2013 by Donald Evan Gilbert, Managing Director, Australian Lease & Property Consultants Pty Ltd and 3D Economics Pty Ltd The first part of this three-part series discusses the pitfalls, limitations and consequences of valuing retail leases using the Comparison Method (‘$/M2’). Part II presents examples using actual, real-life data of such $/M2 valuations - [Matching Market Demand to Supply of Retail Space via more accurate market rental valuations - January 2011](https://leaseconsultant.com.au/papers-article/matching-market-demand-to-supply-of-retail-space-via-more-accurate-market-rental-valuations-jan-2011/) - 17th Pacific Rim Real Estate Society Conference: 17 – 19th January 2011, Bond University Mirvac School of Sustainable Development, Holiday Inn, Gold Coast, Queensland, Australia The Gilbert Evaluation Method (‘GEM Method’) of assessing current market rent” clearly links reasonable site productivity, to evidence in the market place to assist one to form an opinion of - [A Micro Solution to the Macro Problem - Rental Determinations and Arbitration - November 2009](https://leaseconsultant.com.au/papers-article/a-micro-solution-to-the-macro-problem-rental-determinations-and-arbitration/) - WAVO 4 Financial Market Security and the Valuation Profession: 23 – 26th November 2009, Guilin Lijiang Waterfall Hotel, Guilin, Guang Xi Province People’s Republic of China Post-mortem analysis of the A-REIT collapse weighted towards the retail property sector. Reinforces previous articles and modelling by investigating what causes “asset bubbles” and exploring ways to reduce their - [Back to Basics - an Australian REIT case study of the Shopping Centre Industry - September 2008](https://leaseconsultant.com.au/papers-article/back-to-basics-an-australian-reit-case-study-of-the-shopping-centre-industry-sept-2008/) - 24th Pan Pacific Congress, Seoul, Korea, 22nd to 25th September 2008 A pragmatic and very detailed analysis of the Shopping Centre Industry in Australia using both “Top Down” and “Bottom Up” analysis techniques. It begins with the evolution and development of the industry and its unique characteristics and evaluates the motivations and behaviour of all - [Settling rental disputes by Expert Determination June 2006](https://leaseconsultant.com.au/papers-article/settling-rental-disputes-by-expert-determination-june-2006/) - By Don E Gilbert, Brisbane, Queensland, Australia © June 2006 This paper examines the pitfalls and practices of determining ‘current market rent’ and how to avoid errors and omissions during the process. It includes information about initial appointment, acceptance of appointment, terms of engagement, and completion of the determination or valuation assignment. It also demonstrates - [Market Rent - What is it? November 1995](https://leaseconsultant.com.au/papers-article/market-rent-what-is-it-1995/) - THE VALUER & LAND ECONOMIST – NOVEMBER 1995 Paper lays the foundation for the definition of ‘current market rent’ that was adopted in 2000 by the International Valuation Standards Committee. It explores how critical business ratios in a tenant’s business – including occupancy cost, revenue, gross profit and profit – can be used to understand - [Economics: A most useful tool for the Valuer - November 1993](https://leaseconsultant.com.au/papers-article/economics-a-most-useful-tool-for-the-valuer/) - By Don E. Gilbert, BCom, DipPropValTech – THE VALUER AND LAND ECONOMIST – NOVEMBER 1993 Paper written following the “overheating” of the property market in the 1980s and the subsequent downturn in 1989-92. It shows how an understanding of general economic cycles and how property cycles relate to them can help Valuers better account for ## Testimonials - [Govindan (“Govind”) Nair](https://leaseconsultant.com.au/testimonials-item/govindan-govind-nair/) - Don is a clear-sighted, down-to-earth business professional with a sharp sense of where economic value comes from, and how to deliver; and how to measure it. Engaging with him on retail property valuation takes me instantly from theory to the hard-edged practice of valuation in micro-markets. He has the added virtue of being a very accessible person who is easy to talk to! - [Cedric Tyler, CEO](https://leaseconsultant.com.au/testimonials-item/cedric-tyler-ceo/) - Don is a leader and visionary in his field. He has a remarkable aptitude for predicting future market trends and dynamics. He has a deep and broad understanding of the retail property market and has always offered sound perspectives. - [Richard Lord, Property Professional](https://leaseconsultant.com.au/testimonials-item/richard-lord-property-professional/) - Don has excellent knowledge of all facets of retail property and leases in general. He looks at each lease and business on an individual basis and understands the business' performance with respect to its physical location rather than just a "rate per square metre" approach. - [John, Showcase Jewellers](https://leaseconsultant.com.au/testimonials-item/john-showcase-jewellers/) - I love reading your articles, always make me laugh. We have decided to quit… retail just isn’t fun anymore and our landlord is being a typical landlord, demanding full refits, jacking up rents, constantly criticizing etc., etc., and I’m over it. Time to take a break. Keep up the good work my man. I have learnt something from these people though, I am a landlord now and I take bloody good care of my tenant. - [John, Grocery Retailer](https://leaseconsultant.com.au/testimonials-item/john-grocery-retailer/) - Thank you very much for all the time, effort, and consideration you have put into our submission. We are extremely happy with your service… We feel extremely fortunate to have discovered you – it is very rare to find an individual as intelligent, knowledgeable – yet open-minded, honest, and passionate – as yourself. We have learnt a great deal through this process and for that we are grateful. - [Colin Freeman, Director](https://leaseconsultant.com.au/testimonials-item/colin-freeman-director/) - Don has a thorough understanding of the concept of value. From both sides of the equation of owner and tenant he strives to achieve equitable playing fields where fairness also provides win/win outcomes. Don is big picture orientated and has knowledge of multiple facets of the retail property market. It is in the above respects that I would highly recommend Don in most aspects of property consultancy. - [John Kendall, Property Advisor](https://leaseconsultant.com.au/testimonials-item/john-kendall-property-advisor/) - Don has a high level of experience as a specialist retail valuer, arbitrator/mediator and on tenancy determination/submission matters. - [Mathew Tait, Pharmacist](https://leaseconsultant.com.au/testimonials-item/mathew-tait-pharmacist/) - Don has showed the highest level of integrity and trustworthiness in my dealings with him. His tenacity and attitude to succeed are legend. He makes sure he delivers. - [Dr. Brent Stephens](https://leaseconsultant.com.au/testimonials-item/dr-brent-stephens/) - I have known Don for many years and worked with him in both South Africa and Australia. Don is a dedicated retail property professional and continues to strive to know more about his industry and how to make his clients more successful. I have no hesitation in recommending Don. - [QLD Business Valuer](https://leaseconsultant.com.au/testimonials-item/qld-business-valuer/) - Thanks Don. Much appreciated. And thanks again for your fine talk yesterday it is a real pleasure to listen to someone that has such a great understanding of their specialty field and says it like it is. We need more Don Gilberts in the world! ## Products - [LEASE NEGOTIATION TOOLKIT](https://leaseconsultant.com.au/product/lease-negotiation-toolkit/) - This 30-page document is an absolute “must have” for any Tenant who is negotiating a retail lease. It is designed to help you overcome the substantial negotiation and information disadvantage that ordinary (SME) business people face when dealing with Landlords/ Lessors who work with leases every day. ## Categories - [Beta Testing Software ONE Retail Lease](https://leaseconsultant.com.au/category/beta-testing-software/) - Beta Testing Software “reasonable rent” ONE Retail Lease - [Breach of Quiet Use - quantum and causation](https://leaseconsultant.com.au/category/breach-of-quiet-use/) - Breach of Quiet Use – quantum and causation - [News](https://leaseconsultant.com.au/category/news/) - lease consultant news - [Rental Determinations](https://leaseconsultant.com.au/category/rental-determinations/) - Rental Determinations - [Market Rent Market Value](https://leaseconsultant.com.au/category/market-rent-value/) - Market rent and market value news - [Retail Legislation](https://leaseconsultant.com.au/category/retail-legislation/) - retail legislation - [Australian Retail News](https://leaseconsultant.com.au/category/australian-retail-news/) - 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