With prior legal experience in the drafting and administration of Commercial Leasing, our clients are assured of an excellent service experience.
Financial management
Licensed pursuant to the Real Estate Agents Act 2008, and voluntary members of the Real Estate Institute of New Zealand. All funds received are deposited to a Trust Account, which is independently audited.
There are numerous commercial property management software systems available varying in complexity. At Goodwins, we use Re-leased which is a cloud-based and intuitive system. We use Re-leased for all our leasing management including raising OPEX invoices, storing lease documentation, storing our management authority as well as all-important and key lease details – name of tenant, address of property, area leased, important dates for lease renewal, rent reviews, and expiry dates.
Goodwins ensures your financial requirements are handled efficiently and precisely:
— Rental income will be remitted to the Owner by Calendar month, and a deposit made into the owner’s nominated bank account. Subsequently, Goodwins will provide a financial statement detailing the income and expenditure activity for the previous month.
— Where the owner is able, under the lease terms, outgoings applicable to the Tenancy can be collected in advance monthly. Goodwins will prepare an outgoings budget and request the Tenant(s) make regular monthly contributions to the outgoings account. Adjustments can be made when the agreed-upon term has expired, resulting in either a credit to the Tenant or a new invoice issued for any outstanding amounts.
— A comprehensive end-of-financial year statement summarizing all rental income and applicable accountings will be issued within a reasonable time frame.
Arranging insurance valuations
As required, we can assist clients regarding insurance valuations. We ensure a panel of brokers are available to meet specifics of individual property.
Arranging maintenance and appropriate, suitably qualified contractors
Such is the importance of quality control and supervision of maintenance, Goodwins is dedicated to obtain competitive quotations and ensure work is carried out in a professional manner.
Goodwins utilise the services of regular, experienced and qualified subcontractors who are on call to us 24 hours a day. A number of subcontractors have been associated with our company for in excess of 10 years, which means you also benefit from prompt, expert service and competitive prices.
All have had their credentials and qualifications checked, are GST registered, have an appropriate level of public liability insurance, and required health and safety certificates. We confirm it is not uncommon, and we will be happy to engage UPL’s preferred trade personnel to undertake repairs and maintenance services (as appropriate).
Note: Our standard form of Management Agreement allows provision that the client nominate a $value above which, no works are undertaken prior to notification and approval.
Facilities management
In order to ensure your properties’ facilities are well maintained Goodwins offers a service that thoroughly covers all basis.
These include:
— Management of the physical operations including, building services and common areas of the property, subject to the terms and conditions of the relevant lease agreement and in compliance with the Building Act.
— Receiving any notices from Tenant(s) for proposed building alterations and providing advice to the Owner. Instructions from the Owner will be followed when dealing with and resolving any proposed alterations to the building or tenancy.
— If the property is subject to Body Corporate rules, we will monitor the performance of the Tenant in regard to the Tenant’s compliance with the Body Corporate rules and notify the Owner and/or the Body Corporate immediately should the tenant be in breach.
— We will organise and supervise on behalf of the Owner, if required or when instructed; all necessary cleaning, and security servicing for common areas and external areas of the property.
Qualifying tenants
We complete extensive credit and multiple associated checks of potential tenants (including the taking of references from prior landlords and credit checks).
We will make a recommendation as to whether we believe the prospective Tenant is able to meet all the obligations under its lease or, provide commentary on which prospective Tenant we think is most desirable where there are several suitable candidates. Of course, and without exception we will engage with you throughout the Tenant qualification phase and seek your instructions.
Leasing agreements, renewals, and rent reviews
We will negotiate the terms of the Agreement for Lease on your behalf. We will utilise the Auckland District Law Society’s standard Agreement for Lease to document the agreed terms; following which, each party’s Legal Counsel will negotiate, draft and finalise the Lease Agreement.
We will complete a detailed Initial Inspection Report prior to the Lease commencing. This will include a comprehensive file of photos of both the interior and exterior of the property to document the condition of the property at the commencement of the Lease. We provide a copy of this Initial Inspection Report to the Tenant and allow 7 days from the commencement of the Lease to advise in writing of any proposed additions/amendments. The same is otherwise legally enforceable as “agreed”. We will always ensure that the agreed bond amount and holding deposit (if applicable) has been paid prior to releasing keys.
Rental reviews are conducted in accordance with Lease provisions, and are the subject of a report and recommendations submitted to you prior to negotiation with the Tenant(s). Comparable rental evidence and associated data is collated and included to support any recommendation. Naturally, outgoings are formulated, charged, and collected in accordance with the Lease terms.
Reporting
We have installed some of the most comprehensive property management systems and software available in New Zealand. All of our employees have a desktop network monitor at their disposal and major features of our systems are:
— Information is easily accessible at all times. At the touch of a key we can provide you with the following information relating to your property:
- Funds held on your behalf.
- Which Tenants have paid rental amounts and outgoings.
- A detailed analysis of a Tenant’s current account.
- History of payments by Tenants.
— Tenant data (i.e. relative dates, review method and outgoings scenario).
— The system readily identifies arrears and vacancies as required. We have a policy of maintaining records three (3) months ahead of deadlines to ensure all rental reviews, lease expiries, insurance renewals, etc are dealt with promptly.
— Your monthly statement can be produced in either detailed or summarised form.
— Our rental and expenditure statements will assist in the preparation of end of month and year financial documents.
— Statements can be forwarded to you or your Financial Adviser.
Dispute resolution
It is critically important to engage a person who is skilled in commercial property management. At Goodwins we have the right tools including a dedicated commercial leasing software system. The right person with the right tools, with an understanding of the legal implications and market opportunity form the basis of success in commercial property management which is what has made Goodwins stand out from the crowd.
Heath and safety
The new health and safety Act “Health and Safety at Work Act 2015” came into force on 4 April 2016 together with many accompanying regulations. The regulations were released in February 2016, and the fundamental and underlying aspect of the legislation is that safety and protection of people is paramount.
In this regard, commercial property management just like residential property management has a duty under the Health and Safety at Work Act 2015. WorkSafe New Zealand (see http://www.business.govt.nz/worksafe/) has advised that a commercial property owner/landlord is a “person conducting a business or undertaking” (PCBU). This means that commercial property owners/landlords have a duty of care, so far as is reasonably practicable, to ensure the health and safety of everyone involved with or affected by work on or at the property. WorkSafe New Zealand has advised that this includes the work that is organized or that the owner/landlord has a responsibility for.
People that may be affected include tenants, contractors that are engaged, and members of the public that are visiting the property.
Under the new Health and Safety at Work Act 2015, a property manager is also a PCBU and will have a duty of care, as far as reasonably practicable, to ensure the health and safety of everybody with or affected by work on the property that they are responsible for. As a commercial property manager, there is also the responsibility for the management and control of the property with the duty that the property that is a work place is without risks to health and safety.
WorkSafe New Zealand also advise that commercial tenants are PCBUs and have the same duty of care as other PCBUs, as far as reasonably practicable to ensure the safety of their workers and others.
If the building is part of a Body Corporate, then the Body Corporate is a PCBU, and again has the same duty of care as other PCBUs, as far as reasonably practicable to ensure the safety of their workers and others.
As a commercial property manager, we will make sure that the Act and its regulations are complied with. In this regard, we ensure that contractors are pre-qualified, and have the necessary skills to undertake the work that they are engaged to perform. Whether this work be large or small the same principles will apply and ensuring safety of the occupants and visitors to the building is paramount. Only registered and pre-qualified contractors are engaged.
We act swiftly to resolve if hazards are identified, notifying our client; and, assist them to affect the removal, repair or remedy of the hazard that has been identified.