Landlord Advocacy - Commercial Property Representation

Landlord Advocacy — $180,000+ Recovery

Lease Analysis · Rent Review · Negotiation


The Situation

A private landlord with a major shopping centre anchor tenancy engaged Klug due to concerns that the lease underperformed relative to the tenant’s trading volumes. The tenant, a national retail chain in a large-format anchor position, had occupied the space for over a decade under a lease with a turnover rent clause. This clause captured a percentage of the tenant’s gross sales above a base rent threshold. However, no one had ever properly audited it.

The Challenge

Turnover rent clauses work only as well as the systems used to monitor them. Over the years, the landlord accepted the tenant’s annual turnover declarations without independent verification. Furthermore, the lease’s definition of “gross turnover” never underwent stress-testing against the tenant’s actual accounting practices. As a result, this gap quietly worked in the tenant’s favour.

The Approach

Klug began with a line-by-line review of the lease, focusing on the turnover rent definition, audit rights, and the landlord’s entitlement to inspect the tenant’s financial records. Working alongside the landlord’s legal advisors, Klug issued a formal audit request and obtained the tenant’s full sales records for the preceding ten years. The team then cross-referenced the data against the annual turnover declarations and the lease’s definition of “gross turnover,” which was broader than the tenant had been reporting.

The Outcome

Forensic lease analysis uncovered a decade of missed turnover rent, recovering $180,000 in back rent and securing a ~20% rent uplift for a major shopping centre anchor tenant. The audit revealed consistent under-reporting of certain revenue streams, including online sales attributed to the store’s catchment and ancillary income. These streams fell within the lease definition but had been excluded from declarations. Consequently, the tenant settled the back-rent liability in full. In addition, Klug used the concurrent rent review to negotiate a new base rent reflecting current market conditions. This combined outcome materially improved the asset’s income profile and valuation.

Key Takeaway

Turnover rent clauses are valuable, but only when actively managed. Many landlords hold leases with audit rights they have never exercised. A single forensic review can recover years of missed income. Furthermore, it can reset the commercial relationship on terms that properly reflect the tenant’s trading performance.

COVID-19 Gym Portfolio Advisory
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COVID-19 Gym Portfolio — $675,000+ Savings

Portfolio Management · Crisis Response · Negotiation


The Situation

When New Zealand entered its first COVID-19 lockdown in March 2020, the commercial property sector faced an immediate crisis. Gym operators — whose entire business model depends on physical access to premises — experienced an existential impact. Within days of the lockdown announcement, a national fitness chain with 58 leased locations engaged Klug. The chain faced a portfolio of leases with no clear pathway to rent relief, and landlords were themselves under pressure.

The Challenge

Lease obligations did not pause during lockdown. Rent continued to accrue across all 58 sites, even though the premises were legally required to close and generated zero revenue. The total monthly rent exposure ran into six figures. Without intervention, the operator faced accumulating unpaid rent, potential lease defaults, and the collapse of a business built over many years. Furthermore, each lease involved a different landlord, with different terms and leverage dynamics. Therefore, there was no single solution — each negotiation required its own strategy.

The Approach

Klug rapidly triaged the full lease portfolio, assessing each site against four criteria: the strength of the landlord relationship, the lease terms (including any force majeure provisions), the strategic importance of each site to the operator’s network, and the relative negotiating leverage available. As a result, Klug created a clear priority order and a tailored strategy for each site. Furthermore, Klug led all landlord negotiations directly, representing the operator and ensuring consistency of position across the portfolio.

The Outcome

Klug represented a national fitness chain across 58 gym locations during the COVID-19 lockdowns. The team secured rent abatements of 40–100%, achieving $675,000+ in net present value savings. The approach varied by site: full abatements at some locations, and a combination of abatement and deferral at others. Furthermore, Klug used the COVID-19 disruption as an opportunity to restructure lease terms more broadly. This included securing rent reductions, removing onerous make-good obligations, and, in two cases, negotiating early exits from underperforming sites.

Key Takeaway

In a crisis, speed and strategy matter more than legal arguments. Operators who negotiated site-by-site without a portfolio view left significant value on the table. By contrast, a coordinated, professionally managed approach across all sites produced outcomes that individual negotiations could not have achieved.

Strategic Joint Venture Advisory
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Strategic Joint Venture Advisory

Financial Modelling · Deal Structure · Risk Assessment


The Situation

A capital partner approached a developer with a well-located Auckland industrial site, proposing a 50/50 joint venture to develop the property. On the surface, the proposed structure appeared straightforward — equal equity, shared upside, and a development partner with the capital and capability to execute. However, the developer engaged Klug to provide an independent assessment before committing.

The Challenge

Joint ventures between developers and capital partners involve structural complexity. The parties bring different risk profiles, return expectations, and time horizons to the table. Although a structure may appear balanced in headline terms, closer analysis can reveal disproportionate downside risk for one party. In this case, the developer had not modelled the deal in detail. Furthermore, the capital partner presented the proposal as a standard 50/50 split, but the underlying economics had not been independently stress-tested.

The Approach

Klug developed a detailed financial model of the proposed development, incorporating current build cost estimates, projected end values, development timelines, financing costs, and the fee structures embedded in the proposed joint venture agreement. Furthermore, the team ran the model under three scenarios — base case, downside, and stress — to assess the risk-adjusted return profile for the developer’s equity position. The analysis also reviewed the governance provisions, including decision-making rights, cost control mechanisms, and the developer’s exposure in the event of project delays or cost overruns.

The Outcome

Independent assessment of a 50/50 joint venture for a large-scale industrial development. Financial modelling identified insufficient risk-adjusted returns, enabling the client to avoid a suboptimal deal. The model demonstrated that under realistic downside scenarios, the developer’s return on equity was insufficient to justify the execution risk and opportunity cost of committing the site to the proposed structure. The developer declined the joint venture on the basis of Klug’s analysis and subsequently pursued an alternative transaction structure that better reflected the site’s value and the developer’s risk appetite.

Key Takeaway

The most important advisory work sometimes involves telling a client not to do a deal. Independent financial modelling — conducted before commitments are made — is the clearest way to test whether a proposed structure actually works for both parties. In this case, the analysis saved the client from a transaction that would have underperformed relative to alternatives available in the market.

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Value-Add Acquisition — 1.7x MOIC, 15% IRR

Acquisition · Development · Divestment

Deal at a Glance: $600k equity, $1.25m peak debt, c. 9% below valuation on purchase, $350k capex, $3.2m total sale proceeds, ~1.7x equity MOIC, ~15% annualised IRR.


The Situation

An investor client engaged Klug to identify and advise on a commercial property acquisition with genuine value-add potential. The brief was specific: find an asset where the gap between current performance and potential performance was large enough to justify the execution risk, and where active management could create value above and beyond what the market had already priced in.

The Opportunity

After reviewing a number of opportunities in the Auckland market, Klug identified a commercial property that met the brief. The asset was acquired off-market at approximately 9% below independent valuation, with total equity of $600,000 and bank funding that peaked at $1.25m, creating immediate equity headroom before the value-add programme began. The underperformance had identifiable causes: below-market rents on leases approaching expiry (around $90,000 net p.a. with only two years remaining), a building with deferred seismic work that had suppressed buyer interest, and a site configuration that had not been optimised for its current use. Critically, all of these issues were addressable; the property’s fundamental attributes — location, building quality, and site characteristics — were sound.

The Approach

Klug advised the client through the acquisition process, including due diligence, financial modelling of the value-add scenario, and negotiation of the purchase price. Post-acquisition, Klug developed and oversaw a detailed asset management plan with three components: lease restructuring to reset rents to market and improve tenant quality; a targeted seismic and upgrade programme; and a subdivision to unlock latent value in an underutilised portion of the site. The main lease was re-geared from $90,000 net p.a. on a short two-year tail to $110,000 net p.a. on a new eight-year initial term, delivering an immediate c. 22% income uplift and a step-change in WALT that materially improved the capitalisation profile for future buyers. Approximately $350,000 was invested in seismic and improvement works to remove the compliance overhang and enhance occupier appeal, while subdivision of the balance land created a separate, saleable lot.

The Outcome

The strategy was executed via a staged divestment. Following the lease reset and works, the improved portion of the asset was sold for $1.5m, with the subdivided balance of the site subsequently sold for $1.7m, taking total sale proceeds to $3.2m. Against peak capital employed of $1.85m (equity plus debt) and targeted capex of $350,000, the project generated a substantial uplift on the original $600,000 equity position; on a look-through basis, after repaying debt and allowing for capex, transaction and funding costs, the investment delivered an equity multiple of approximately 1.7x and an internal rate of return of around 15% per annum over the hold period.

Key Takeaway

Value-add returns in commercial property are not accidental. They are the product of a clear acquisition thesis, disciplined execution across multiple workstreams, and active management throughout the hold period. Identifying the right asset — where the gap between current and potential performance is real and addressable — is the first and most important step; structuring the capital, re-gearing the income, and unlocking site-level opportunities is where the return is actually created.