Case Study: Mastering Commercial Lease Negotiations

Tart Bakery - negotiating a commercial lease

Case Study No:  23

Commercial Lease - Tart Bakery

Have I got a good deal?

Tart Bakery – where there is no fakery – as they’ve self-proclaimed, have been delivering the best in vegan treats and pastries to Aucklanders for years out of their iconic Grey Lynn location. However, upon deciding they wanted to grow and expand to get their goods into the hands and tummies of more people, a new and upmarket central Auckland food court seemed like a great option.

Tart Bakery’s journey into securing the perfect commercial lease exemplifies the pivotal role of skilled lease negotiation in achieving favorable outcomes.

Leveraging Proactive Property Group’s expertise, the story of how they transformed an initial draft agreement into a revised and advantageous deal sheds light on the critical steps to navigating commercial lease negotiations successfully.

Negotiating with the Pros: A Wise Move by Tart Bakery

When Tart Bakery received the draft agreement for a proposed lease, they recognised the need for seasoned guidance to navigate the complexities of negotiating their commercial lease deal. This led them to seek assistance from Marcus and Proactive Property Group, a decision driven by their desire to ensure that every aspect of the agreement was scrutinised and optimised. In the face of dealing with a large and sophisticated corporate landlord, Tart Bakery Director Paul Stephenson understood the importance of having an expert on their side to level the playing field.

Strategising for Success: The Initial Steps

Marcus, initiated the lease negotiation process by meticulously analysing the draft Agreement to Lease tabled by the landlord.

This comprehensive review was aimed at identifying potential issues and areas for improvement. With a strategic approach, he set the stage for a robust negotiation by honing in on the lease’s nuances that required adjustment.

Navigating the Negotiation Waters: Tackling Commercial Terms

Marcus dove headfirst into negotiating the commercial terms and the subsequent Deed of Lease. This stage required effective communication, careful consideration, and strategic maneuvering.

Collaborating with the landlord’s development team, Marcus artfully negotiated terms that were not only advantageous for Tart Bakery but also aligned with the Landlord’s objectives.

The Client Outcome

Within a mere two months of enlisting the expertise of Proactive Property Group, Tart Bakery emerged with a revised Agreement to Lease that showcased an array of substantial improvements. The deal bore the following fruit:

  1. Cost Savings: A 12% reduction in rental costs and a 6% decrease in operating expenses were negotiated, significantly contributing to the financial health of Tart Bakery.

  2. Enhanced Landlord Contributions: The revised deal secured increased contributions from the landlord towards fitout expenses, further lightening the financial burden on Tart Bakery.

  3. Tax Advantage: By assuming complete ownership of the landlord-funded fitout, Tart Bakery experienced improved tax deductibility, enhancing their financial flexibility.

  4. Risk Mitigation: Through skillful negotiation, Marcus managed to eliminate relocation risks, introduce an exclusivity clause, and limit personal liability. These safeguards fortified Tart Bakery’s position within the lease agreement.

Tart Bakery’s journey from a draft agreement to a strategically refined and highly beneficial lease deal underscores the importance of expert negotiation in the commercial leasing landscape.

With Marcus and Proactive Property Group at the helm, Tart Bakery experienced not only immediate cost savings but also a fortified position within the lease agreement, setting a precedent for their future negotiations.

This success story serves as a testament to the transformative power of skilled negotiation and the impact it can have on businesses of all sizes, propelling them towards prosperity in their commercial endeavors.

As a result of the successful outcome of this commercial lease negotiation, Tart Bakery has  engaged Proactive Property Group to advise on its next lease negotiation.

Tart Bakery
tart 03

Client Testimonial

“Marcus helped to establish a negotiation strategy and navigated us through resolving numerous issues, within a tight timeframe.
Marcus has a unique combination of legal, property and commercial experience. For us this was much more valuable that straight legal or property advice as he understood the commercial outcomes we needed to achieve. He was responsive, professional, and highly detailed.
We, at all times, felt confident in our negotiations and came out with far better terms and conditions that were originally on offer. Marcus is a pleasure to work with. We will definitely use him again and would recommend him to others in our situation.”

Paul Stephenson
Tart Bakery

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