A member asked over 8 years ago

How should rent for a commercial lease be calculated if the premises is shared?

I run an online business, and operate from a warehouse which is also occupied by other entities.  We store our stock in the warehouse and have a showroom in the foyer.  There is currently no lease agreement, so we're wanting to put one together now.

My question is, how should rent be calculated?  I believe we should pay for the floor space that our stock takes up, the showroom, and a portion of the walkway & amenities that we have (non-exclusive) access to.  The landlord believes we should pay for half the overall floor space as our stock is being stored in a few different areas, and these areas are spread out across approx. half the warehouse.

Jared Pereira
Principal Solicitor at Pivot Business Lawyers

Hi, the calculation of the rent payable in a commercial lease is generally a business decision and the subject of commercial negotiations. However, when negotiating the rent, the following factors should be taken into account:

1. Whether you wish to lock in an exclusive fixed space (giving you certainty, but reducing flexibility)

2. Whether you wish to rent space on a variable use basis (which gives you flexibility, but given the space is used by other users, there may be no scope to increase rental space)

3. Whether you have control over where the goods are stored (can space be utilised more efficiently?) - it is not in your interest for the landlord to be able to distribute (say) crates in a single layer and then claim you have used half the warehouse floor area.

4. What common areas are shared (toilets, pantries, corridors)

5. What areas are exclusive (Showroom)


On the basis that your goods would still be conveniently accessible, you may wish to consider negotiating rent on a fixed floor space basis, and not the "overall floor space" that may be taken up from time to time, as this is how many consignment and online businesses function. You may wish to attach a floor plan to the sub-lease agreement to clearly demarcate the area which you have exclusivity.


Suggested way forward

More information is required in terms of your set-up and use of the warehouse space. You should also obtain a copy of the Master Lease to ensure there are no restrictions. Then engage a lawyer to determine if your intentions are accurately set out in the sub-lease agreement.

Answered over 8 years ago   Legal disclaimer

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