<section data-scroll-anchor="false" data-testid="conversation-turn-48" data-turn="assistant" data-turn-id="request-WEB:55d7c6ac-8e6d-4881-ad49-0ed9bf66d1cc-23" dir="auto">
Melbourne’s apartment market entered 2026 with renewed momentum, but the recovery is uneven, policy-driven, and increasingly shaped by constrained supply.

According to the RPM Apartments &amp; Townhomes Market Report (April 2026), apartments have begun to outperform detached housing on key metrics,yet that performance is occurring against a backdrop of falling approvals and a tightening development pipeline.

At the end of 2025, Melbourne unit values reached a three-year high of $656,500, recording quarterly growth of two per cent. That figure edged ahead of the 1.8 per cent growth recorded in the house market over the same period, marking a notable shift in relative performance. While modest in absolute terms, the outperformance is significant given the sustained dominance of houses through much of the previous cycle.

This shift has been driven in large part by policy. The federal government’s expanded five per cent Deposit Scheme has had a disproportionate impact on apartment demand, particularly in Melbourne where the $950,000 price cap captures a large share of medium- and high-density stock.

As RPM notes, the scheme “heavily favours medium and high-density dwellings,” effectively accelerating demand in the apartment sector.

The impact is most visible in buyer activity. Victoria recorded more than 43,000 new housing loans in Q4 2025, the highest quarterly volume since mid-2022 and one of the strongest results in over a decade. This lift was broad-based across all buyer types, with first home buyers, owner-occupiers and investors all returning to the market with greater confidence.

This surge in demand has flowed directly into apartment pricing, particularly in Melbourne’s middle and outer rings. Middle-ring unit values reached approximately $757,500, a four-year high, while outer-ring units climbed to a record $650,000. Quarterly growth of 2.9 per cent and 2.5 per cent respectively significantly outpaced both the inner ring (0.8 per cent) and the broader house market.

<img alt="RPM" data-entity-type="file" data-entity-uuid="0de388d7-743f-4380-8a78-f73d08b01adb" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/med-unit-price.jpg?VersionId=v9enhg5VlyZuPfexkMhmE7NQVmdwgomN" />

The divergence between apartments and houses is also being shaped by affordability. Detached housing remains out of reach for many buyers, pushing demand toward apartments as a more accessible entry point into well-located suburbs. This is particularly evident among first home buyers and downsizers, both of whom are increasingly prioritising location, amenity and lifestyle over land size.

At the same time, population growth continues to underpin demand. Victoria added more than 122,000 residents in the year to Q3 2025, with Melbourne attracting both overseas migrants and interstate movers, partly due to its relative affordability compared to other capitals.

<img alt="Population" data-entity-type="file" data-entity-uuid="c0cf994c-a1ed-4be0-b3e8-b8c4a2d5c762" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/pop-change.jpg?VersionId=EnyA1Vs91dpZyZdOc97Ec.H5LJ14kiqT" />

However, the most critical factor shaping the apartment market is not demand, it is supply.

Apartment approvals across Greater Melbourne have fallen sharply, signalling a constrained pipeline of future stock. In Q4 2025, just 2,339 apartments were approved, down 20 per cent on the previous quarter and 47 per cent lower than the same period a year earlier. On an annual basis, 11,066 apartment approvals were recorded, an improvement on the previous year, but still well below medium- and long-term averages.

<img alt="Apartment approvals" data-entity-type="file" data-entity-uuid="3f9a9a39-25ba-495b-bfd5-3e574e927cf0" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/appart-approvals.jpg?VersionId=XUPrMbBa5DiIF9wvEjc3YbVlbmonZE.y" />

This decline reflects a broader contraction cycle that has been underway since 2020. As RPM notes, “apartment approvals appear to be sliding back into a downward trend,” with developers increasingly focused on launching and completing existing projects rather than initiating new ones.

The reasons are well understood. Construction costs have risen more than 20 per cent since 2021, driven largely by labour shortages and material price escalation. At the same time, financing conditions have tightened, with lenders requiring higher contingencies and taking a more cautious approach to risk. Combined with recent interest rate rises, these factors have made feasibility more challenging, particularly for higher-density projects.

This dynamic is creating a disconnect in the market. Demand for apartments—particularly at the more affordable end—is strengthening, while the pipeline of new supply is weakening. In the short term, this may limit the number of new projects coming to market. Over the medium term, however, it is likely to support price resilience and potentially further outperformance relative to houses.

There are some signs of policy-driven supply response. The introduction of Victoria’s Mid-Rise Code, which streamlines approvals for four- to six-storey developments, is expected to improve delivery in well-serviced middle-ring locations. However, this is unlikely to materially offset the broader decline in apartment approvals in the near term.

Despite the positive momentum at the end of 2025, the outlook for 2026 has become more complex. Two interest rate rises early in the year have already impacted consumer confidence, while broader cost pressures, particularly energy and fuel, are feeding through to construction and development costs.

“Victoria’s built form market ended 2025 on a high, but early 2026 rate rises quickly reversed the momentum,” RPM notes.

The implication is that while apartments are currently outperforming houses, the trajectory of that outperformance will depend on how these competing forces evolve. Policy support and affordability are clearly working in favour of apartments, but constrained supply and rising costs are likely to shape the pace and nature of future growth.

What is increasingly clear is that apartments are playing a more central role in Melbourne’s housing market. As population growth continues and affordability pressures intensify, higher-density housing is becoming not just an alternative to detached homes, but a primary solution to the city’s housing needs.
</section>

Joel Robinson

Units lead Melbourne price growth as apartments outperform houses: RPM

Brunswick is set for some of its largest apartments ever delivered with the upcoming new development Frith &amp; Howarth, where the apartments are around 20 per cent larger than what has come before it in the sought-after suburb.

Developer Young Group focused its design on Frith &amp; Howarth around size and scale, but within a boutique building, to create a mini neighbourhood within the mid-rise development. There are just 24 apartments in the mid-rise building on Victoria Street, a short walk to Brunswick Station and the cafe and dining strip along Sydney Road.

“We spent hours comparing what’s currently on the market so we could offer genuine points of difference,” Young Group says, pointing to room sizing, storage, and functional planning as key drivers behind the design.

All of the two-bedroom apartments in the building have been snapped up, with just the large three- and four-bedroom apartments, with the biggest floorplans and best outlooks, remaining.

[smartcode_project:default project_id=134317 project_image_fid=354139]

Apartments open directly into open-plan living zones where full-height glazing draws light deep into the apartment. Sliding doors extend the space outward to terraces, many oriented toward the adjacent park or back toward the city skyline.

Kitchens sit within this central space, anchored by sculptural island benches that reference the building’s faceted exterior language. Storage is integrated across multiple layers, overhead cabinetry, concealed joinery, and, in larger configurations, dedicated sculleries or butler’s pantries.

[smartcode_project:default project_id=134317 project_image_fid=354137]

The penthouse is the largest ever offered in Brunswick. The penthouse measures nearly 400 sqm all-up, with 242 sqm of internal space complimented by a further 149 sqm of terraces.

It spans the whole top floor and has four bedrooms, four bathrooms, and parking for four cars.

[smartcode_project:default project_id=134317 project_image_fid=354133]

Low maintenance resident amenity has been created in the form of a landscaped rooftop, complete with&nbsp;vegetable plots, outdoor cooking areas, and aflresco dining spaces, designed as a place for neighbours to gather outside of their homes.

“To enable connection with neighbours, generous rooftop gardens with communal spaces and outdoor cooking areas offer a chance to develop a sense of community,” says John Patrick, Principal of <a href="https://www.apartments.com.au/landscape-architect/john-patrick-landscape-architects">John Patrick Landscape Architects</a>.&nbsp;

“Private open spaces with a selection of native and exotic plantings and gorgeous city views on the rooftop create a high-end aesthetic, with a low maintenance lifestyle. The perfect balance, so that residents can enjoy a serene living space.”

[smartcode_project:default project_id=134317 project_image_fid=354134]

Sustainability is embedded at both the building and apartment level. <a href="https://www.apartments.com.au/new-apartments/frith-howarth-288-290-victoria-street-brunswick-vic-3056">Frith &amp; Howarth</a> is one of only a small number of all-electric residential developments in Brunswick, supported by solar infrastructure, EV-ready parking, and high-performance glazing. These measures sit alongside less visible systems such as rainwater reuse and high-grade insulation, reducing long-term operational costs while maintaining consistent internal conditions.

Positioned within walking distance of Brunswick Station, Route 96 trams, and established retail along Sydney Road and Barkly Square, the development balances access to transport with proximity to open space, a combination that has become increasingly difficult to secure in inner-city sites.

“These exquisite homes are nestled in a culturally diverse neighbourhood, with parklands and nature right on your doorstep,” says Young Group.

[smartcode_project_cta:default project_id=134317]

Frith & Howarth to deliver Brunswick’s largest apartments

<a href="https://www.apartments.com.au/new-apartments/prince-parade-by-mirvac-brunswick-701-park-street-brunswick-vic-3056">Prince &amp; Parade</a> in Brunswick is entering its final stages of construction, with the removal of the project’s last tower crane and the unveiling of the building’s full façade marking a significant milestone ahead of completion this coming spring.

The Park Street development, designed by <a href="https://www.apartments.com.au/architects/bates-smart">Bates Smart</a>&nbsp;and Mirvac Design with landscaping by <a href="https://www.apartments.com.au/landscape-architect/jack-merlo">Jack Merlo</a>, is now largely structurally complete, with internal works progressing across the 169-apartment project opposite Princes Park.

<a href="https://www.apartments.com.au/builders/mirvac-construction">Mirvac Construction</a> Project Manager Sam Payne said the latest update reflects a transition from structure to refinement.

“Since our last update, all façade panels have been installed and the scaffolding and gantry has come down, unveiling the building in its full form for the very first time,” Payne said.

“A significant milestone was reached this month with the removal of our final tower crane, signalling the completion of major structural works and a pivotal step forward in the building’s transformation.”

[smartcode_project:default project_id=4802 project_image_fid=366856]

Apartments are now well advanced internally, with joinery completed to level eight and tiling to level six, alongside the delivery of a prototype apartment used to set the benchmark for the remaining residences.

This next phase coincides with the release of a completed furnished residence, styled by MCM House, and the introduction of private buyer tours, giving purchasers a clearer understanding of the finished product ahead of settlement.

<a href="https://www.apartments.com.au/new-apartments/prince-parade-by-mirvac-brunswick-701-park-street-brunswick-vic-3056">Prince &amp; Parade</a> will comprise 169 one to four-bedroom apartments, with completion targeted for early spring. Interiors focus on natural materials and muted tones with two design schemes, while kitchens and bathrooms adopt a restrained palette anchored by stone, timber and textured finishes.

Bates Smart Director Jeffery Copolov said the project reflects a shared design direction centred on liveability and sustainability.

“Blending Mirvac and Bates Smart’s focus on wellness and sustainability, <a href="https://www.apartments.com.au/new-apartments/prince-parade-by-mirvac-brunswick-701-park-street-brunswick-vic-3056">Prince &amp; Parade</a> offers a new kind of conscious, elevated living in Melbourne’s inner north,” Copolov said.

<a href="https://www.urban.com.au/new-apartments/prince-parade-by-mirvac-brunswick-701-park-street-brunswick-vic-3056">Prince &amp; Parade</a> presents Mirvac's third parkside collaboration with&nbsp;<a href="https://www.urban.com.au/architects/bates-smart">Bates Smart</a>&nbsp;in Victoria.&nbsp;Their previous collaborations delivered two of the city’s landmark apartment buildings: The Melburnian opposite Kings Domain and The Eastbourne on Fitzroy Gardens.

[smartcode_project:default project_id=4802 project_image_fid=366857]

A key focus of the development is its landscape-led amenity offering. The central courtyard, spanning around 600 sqm, will feature established trees and planting grown off-site, alongside communal lawns and seating areas designed for everyday use.

Development Manager James Gardner said the outdoor spaces are central to the project’s lifestyle positioning.

“<a href="https://www.apartments.com.au/new-apartments/prince-parade-by-mirvac-brunswick-701-park-street-brunswick-vic-3056">Prince &amp; Parade</a> isn’t just a home, it’s a complete lifestyle offering, and the resident amenity is just one example of the elevated living experience the soon-to-be-complete building will be known for,” Gardner said.

The courtyard connects to a series of shared indoor and outdoor spaces, including a residents’ lounge, dining room, library and secondary west-facing garden area, designed as extensions of the apartments themselves.

Located directly opposite Princes Park and around four kilometres from the CBD, the development places residents within one of Melbourne’s most established inner-north precincts, with access to open space, transport and the retail and hospitality offerings of Brunswick and Carlton.

With façade works complete and landscaping and final finishes now underway, <a href="https://www.apartments.com.au/new-apartments/prince-parade-by-mirvac-brunswick-701-park-street-brunswick-vic-3056">Prince &amp; Parade</a> is moving into its most active construction phase, with permanent services and external works to be finalised in the coming months ahead of completion in spring.

[smartcode_project_cta:default project_id=4802]

Mirvac’s latest landmark, Prince & Parade Brunswick, enters final construction phase

Boutique Perth developer ADC has unveiled its latest project.

The developer, which focuses on bringing apartments to some of Perth's most premium inner-city and riverside suburbs, has launched <a href="https://www.apartments.com.au/new-apartments/mos-lane-mosman-park-46-manning-street-mosman-park-wa-6012">Mos Lane</a>, 68 luxury apartments and townhouses in the heart of <a href="https://www.apartments.com.au/developments/mosman-park-wa-6012">Mosman Park</a>.

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Alongside the one-, two-, three- and four-bedroom apartments, the development will also include five two-level townhomes and two luxe penthouses. ADC is also introducing a significant retail offering for residents through Mos Lane Village, which will feature a wellness studio, fish and chips shop, barber, and florist, adding a layer of amenity not typically found in the predominantly residential Mosman Park area.

Construction has already commenced on the project, which sits just a short walk from the Swan River, Mosman Park Bowls Club, and Mosman Park Golf Course.

House Agency Directors Tom House and Lachlan McDonald say they are fielding the majority of buyer interest from local downsizers, as well as buyers with a long-standing affinity for Mosman Park.
</section>

[smartcode_project:default project_id=148957 project_image_fid=364591]

Mos Lane will comprise two buildings; Samson House and Manning House, which have been designed by&nbsp;<a href="https://www.apartments.com.au/architects/nelson-koo">Nelson + Koo</a>, an emerging design consultancy specialising in the masterplanning and design of mixed use places and spaces.

The two buildings adopt distinct architectural responses to their surroundings. Manning House references the strong roof forms of nearby homes, with floorplates oriented to maximise light and long-range views, while Samson House is organised around a central atrium designed to bring daylight deep into the building and create a greater sense of openness.

At ground level, the inclusion of five townhomes introduces a typology more commonly associated with Mosman Park’s established streets, each with private courtyards and direct frontage, offering a transition between traditional housing and apartment living.

[smartcode_project:default project_id=148957 project_image_fid=364103]

Interiors have been led by Melbourne-based Hecker Guthrie, with an emphasis on practical, long-term liveability. Residences incorporate sculpted joinery, generous storage and flexible multi-purpose rooms that can adapt to changing household needs, whether for working from home, guest accommodation or additional living space.

Material selections draw on a restrained palette of textured stone, timber and neutral tones, with options for lighter or darker schemes. Detailing such as fluted glass, full-height joinery and integrated appliances is intended to balance functionality with a more refined residential finish.

Outdoor spaces are a consistent feature across the development, with balconies and terraces designed for dining and entertaining, and larger apartments incorporating outdoor kitchens. Orientation has been considered to allow residents to choose between morning or afternoon sun, while mature street trees and landscaped communal areas contribute to a softer streetscape.

[smartcode_project:default project_id=148957 project_image_fid=364107]

Shared amenities are positioned to support both day-to-day convenience and occasional use. These include a private dining room with a caterer’s kitchen, alfresco entertaining areas, and a bookable guest suite for visiting friends and family. Additional practical features such as a resident workshop, storage facilities, car and pet wash areas, and concierge-style services for cleaning and dry-cleaning collection reflect a focus on usability.

Positioned between the Swan River and Cottesloe Beach, and within reach of schools such as Iona Presentation College and St Hilda’s Anglican School, the development is aimed at a broad buyer group, from downsizers seeking a lower-maintenance alternative to larger homes, through to local residents looking to remain in the area in a different housing format.

Mos Lane represents one of the more significant additions to Mosman Park’s limited pipeline, combining new housing supply with a village-style retail centre in a suburb where opportunities for large-scale redevelopment are relatively constrained.

[smartcode_project_cta:default project_id=148957]

Living village precinct set for Mosman Park as ADC launches Mos Lane

An entity linked to I&amp;D Group Founder Ivan Filipović has filed plans for a new residential development at 188–202 Swan Street in Cremorne, targeting a prominent site within the tightly held Swan Street activity corridor.

The proposal seeks to redevelop the consolidated Swan Street landholding into a <a href="https://www.apartments.com.au/new-apartments/188-202-swan-street-cremorne-vic-3121">high-density mixed-use project</a>, replacing a series of existing commercial buildings with a significantly scaled residential outcome. The planning submission positions the development as a response to increasing demand for housing in well-connected inner-urban locations, particularly within established activity centres.

Plans outline the construction of a 14-storey building delivering 165 apartments above a four-level basement, alongside a ground-floor retail and commercial offering designed to activate the streetscape. A key feature of the scheme is a new north–south pedestrian link connecting Swan Street to Railway Place, intended to “enhance permeability and provide an active, publicly accessible connection through the site.”

<img alt="First Look: Plans lodged for Ivan Filipović-linked Cremorne apartment project on Swan Street" data-entity-type="file" data-entity-uuid="7332a8f8-dd2b-483d-b86e-320658838c84" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/cremorne.png?VersionId=cXm8vAaRdHh.LpYVbecrRkjckgu9mtAF" />

The development will retain part of the existing built form at 198–200 Swan Street, while the remainder of the site will be cleared to accommodate the new structure. Basement levels will provide 196 car spaces and 113 bicycle spaces, with vehicle access from Railway Place. Communal amenity is distributed across the building, including a shared outdoor area on Level 1 and a rooftop terrace for residents.

Ground level uses include retail tenancies fronting Swan Street and the pedestrian link, a residential lobby, and a flexible commercial space positioned to support community-oriented uses. The planning report notes this space “could be offered as a flexible space within the development for community groups,” supporting short-term or longer-term occupancy arrangements.

<img alt="First Look: Plans lodged for Ivan Filipović-linked Cremorne apartment project on Swan Street" data-entity-type="file" data-entity-uuid="8208bf7b-cc67-485d-ad0f-1d73a74c907f" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/cremorne%20lane.png?VersionId=69ctjC0txXv0zCHy7qQUpJyGwvPAT7gw" />

The site sits within the Swan Street Major Activity Centre, surrounded by a mix of retail, hospitality, and emerging residential development, and directly opposite tram services along Swan Street. East Richmond Station is located to the south, providing strong rail connectivity, while the broader Cremorne precinct continues to evolve as a mixed-use hub.

I&amp;D Group, founded by Ivan Filipović, is regarded as one of Victoria’s largest formwork contractors, partnering with major construction firms across large-scale public and private developments. The Swan Street proposal signals a move into development-backed opportunities tied to strategic inner-city sites.

First Look: Plans lodged for Cremorne apartment project on Swan Street

Commercial Rent

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SPONSORED POST 
How do you know if you are paying too much rent?
Every tenant of a commercial property should be confident that they are paying market value rent.
While there is no set formula that can tell you exactly what your rent should be, there are ways to know whether or not the rent you pay is fair.
Every tenant of a commercial property should be confident that they are paying market value rent.
How is rent calculated?
Commercial property rent is usually calculated on a rate per square metre, for example $320 sqm. So the larger the premises, the more you pay. However it is more complicated than that. The rate per square metre depends on a number of factors. These include location, condition and age of the property, surrounding tenants, included services and sometimes even the lease terms.
Figuring out an appropriate rent means weighing up all of these factors as well as the current market conditions.
As a tenant, or potential tenant, the best way to find out whether your rent is fair is by doing your research.
How do I know how much is right?
The easiest and often most informative method is to search online for other properties that are similar in size, location and/or purpose. You will very quickly get a sense of what is on the market and for how much. If you keep checking over time you will also be able to see which properties get rented and which ones don’t. And you will notice if rental prices are going up or down.
Another good idea is to ask other tenants in your area. Knowing what people are actually paying is the best way to decide whether or not the rent you pay is fair.
Real estate agents are another fantastic source of information. It’s their job to know the market. Ask them what they have on their books. This is especially useful if your lease is up for renewal. You might be surprised by what else is available, how much people are paying and what incentives are on offer.
Real estate agents are another fantastic source of information. It’s their job to know the market.
All of this will give you a sense of the market rate. If you think you are being overcharged then look at your lease – when is it up for renewal and what are the terms? Remember you can and should start renegotiating your lease at least six months before it is due to expire.
Knowing what the market rate is and what other properties are available will help you negotiate the best deal with your landlord.
A little bit of research, to help you know how much you should be paying, will help ensure you don’t pay too much.
For more information, <a href="https://bs.serving-sys.com/BurstingPipe/adServer.bs?cn=tf&amp;c=20&amp;mc=click&amp;pli=18755997&amp;PluID=0&amp;ord=%5Btimestamp%5D" target="_blank">click here</a>.
About realcommercial.com.au: realcommercial.com.au is the leading website in Australia for commercial property, attracting an average of 1.7 million visitors a month (Source: Nielsen Online Market Intelligence, Total Traffic, average calculation May-July 2015, includes app traffic from Omniture Site Catalyst as Nielsen doesn’t report on app). It is owned and operated by realestate.com.au Pty Ltd, a subsidiary of ASX-listed REA Group Limited ACN 068 349 066 (ASX:REA).
 
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po-LsXgBTHBmX

Are you paying too much rent on your commercial property? realcommercial.com.au

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GUEST OBSERVER
The NSW case of Spuds Surf Chatswood Pty Ltd v PT Ltd <a name="x__ftnref1" href="https://outlook.office.com/owa/projection.aspx#x__ftn1" title=""></a>has considered whether a tenant can claim damages or rent relief when a shopping centre landlord has interfered with the tenant’s trade from its premises. 
The case considers principles which are relevant to landlords and tenants of shopping centres in both NSW and the ACT.   What happened? 
Spuds Surf Chatswood Pty Ltd (‘Spuds’) leased three shops in a prime area of Westfield Shoppingtown Chatswood, Sydney from PT Ltd (‘the Landlord’). Spuds, who had leased shops 415 and 416 since 1999, took a new lease of shops 415 and 416 as well as shop 417 (‘the Premises’) in July 2002 (‘the Lease’).   At the time of entering into the Lease, Spuds raised concerns about the sightlines to the Premises being obstructed by kiosks and requested a clause protecting its interests be included in the Lease. The Landlord did not agree to this request.   Between November 2002 and February 2005, the Landlord entered into leases of three new kiosks which were positioned in the walkway in front of the Premises. For each of the kiosks, the Landlord approved signage which exceeded the maximum height restrictions imposed by the fitout guidelines for the centre. Spuds conveyed to the Landlord its concerns about the contravention of the guidelines and the affect that would have on the sightlines to the Premises. 
However, the Landlord refused to grant rent relief. In January 2005, the Landlord amended the fitout guidelines for the centre so that, from the date of amendment, the signage for each of the kiosks became compliant with the amended guidelines. Spuds’ sales revenue declined and consequently it took action against the Landlord. The Landlord also took action against Spuds for rent arrears.   Unconscionable conduct 
Under the relevant leasing legislation in NSW and the ACT a party to a lease must not engage in unconscionable conduct.<a name="x__ftnref2" href="https://outlook.office.com/owa/projection.aspx#x__ftn2" title=""></a> In the initial decision between Spuds and the Landlord, <a name="x__ftnref3" href="https://outlook.office.com/owa/projection.aspx#x__ftn3" title=""></a>it was held that the Landlord had engaged in unconscionable conduct by: 
<ul>
<li>approving kiosk signage that exceeded the height restrictions imposed by the fitout guidelines </li>
<li>failing to notify Spuds of approval and installation of the non-compliant signage </li>
<li>using unfair tactics by relying on the greatly liberalised version of the guidelines amended in January 2005 to ensure artificial compliance with the height restrictions and </li>
<li>utilising the Landlord’s superior bargaining position to block any attempt by Spuds to obtain acknowledgement of the Landlord’s error and its true impact on Spuds.  </li>
</ul>
The Landlord’s conduct was described by the court as highly unethical and had a sufficient degree of moral tainting for the court to find that the Landlord had engaged in unconscionable conduct. <a name="x__ftnref4" href="https://outlook.office.com/owa/projection.aspx#x__ftn4" title=""></a>   Was the tenant entitled to damages? 
The question to be decided in the most recent case was whether Spuds was entitled to damages for loss of profits and lost value of business due to the Landlord’s unconscionable conduct.   The court found that Spuds failed to show that the Landlord’s unconscionable conduct had an immediate and continuing impact on the revenue generated at the Premises. The court noted that Spuds’ sales revenue did not begin to decline until a substantial time after the erection of each the kiosks. Further, evidence suggested that other factors may have contributed to a decline in Spuds profits. Accordingly, Spuds was not entitled to damages.   However, the court noted that damages were not the only remedy available to Spuds. It also considered equitable remedies and found that Spuds was entitled to rent relief as the Landlord had been enriched, at the expense of Spuds, by its unconscionable conduct. Although this was a win for Spuds, the rent relief granted by the court was less than the rent arrears.   What are the implications? 
Landlords 
When landlords of shopping centres are erecting kiosks or other similar free standing mall tenancies they should keep in mind that it may be considered unconscionable conduct if they approve signage or other components of the kiosk which are not in compliance with fitout guidelines and which may obstruct the sightlines of other tenants.   Tenants 
Tenants considering whether to pursue a landlord for damages for unconscionable conduct should be aware that, in order to receive an award for damages, a tenant must be able to show the conduct had an immediate and continuing impact on the tenant’s business. A general decrease in profits over time is not enough to establish a claim for damages, especially if there are other factors to consider.   What should landlords do?
It is best practice to ensure that all approvals are given in accordance with fitout guidelines. It is not sufficient for a landlord to subsequently amend its fitout guidelines in an attempt to avoid a complaint by another tenant. However, there may be other options available to a landlord. For example, the court suggested that if the Landlord had granted Spuds rent relief, then the court may not have found that the Landlord engaged in unconscionable conduct. 
Landlords should consider offering new signage or other promotional activities to an existing tenant who may be impacted by a new kiosk, in order to minimise the effect of the new kiosk on that tenant’s business. 
<div>
<div id="x_ftn4">Christine Murray is Partner, Meyer Vandenberg Lawyers and can be contacted <a href="mailto:Christine.Murray@MVLawyers.com.au" target="_blank">here</a>.</div>
<div>
 Jennifer Jaeschke is Senior Lawyer and can be contacted <a href="mailto:Jennifer.Jaeschke@MVLawyers.com.au" target="_blank">here</a>.</div>
</div>
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Rent relief and shopping centre landlords: Meyer Vandenberg

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Office property re-emerges as the strongest commercial property sector, according to NAB's quarterly Australian commercial property survey.
The findings show that overall sentiment in Australian commercial property markets has moderated a little, but it remains at elevated levels and continues to vary widely across sectors and states. 
"Sentiment eased in most sectors (particularly CBD hotels), but this was largely offset by a big improvement in office. It is also still deeply negative in WA and SA/NT, while NSW and Victoria remain the most upbeat states."
The quarterly survey also notes that on the development front, more property developers are looking to commence new projects in the short-term (led by residential projects), despite increasingly difficult funding conditions. 
"The NAB Commercial Property Index fell to +10 points in Q3, down slightly from a Survey high +11 in Q2.
“The index was dragged down by weaker sentiment in most sectors, particularly CBD hotels. Office was the exception, and it has re-emerged as the strongest sector overall after lagging all other sectors since mid-2013", said NAB Group Chief Economist Alan Oster.
NAB added that sentiment also continues to vary widely across states.
"It is still deeply negative in WA and SA/NT, neutral in Queensland and positive in NSW and Victoria.
"NSW continues to be the most optimistic state for commercial property looking forward, and WA by far the most pessimistic (particularly in regards to office and retail property)", claims the report.
The commercial property survey suggest that by sector, property professionals operating in office (especially in NSW and Victoria) and industrial markets (led by Queensland and NSW) are the most confident when looking to the year ahead, with CBD hotels lagging. 
Looking further ahead, confidence levels are broadly similar across all market segments in 2 years time, with CBD hotels the big improver.
The survey suggests capital growth the next 1-2 years will be strongest for office property (1.5% &amp; 1.4%), followed by industrial (1.1% &amp; 1.3%) and retail (0.9% &amp; 1.2%). Expectations for capital growth in CBD hotels have however been scaled back (-0.6% &amp; 0.3%). 
Positive rental returns are also forecast in all sectors in next 1-2 years, led by big upward revision in expectations for office rents (especially in Victoria).
“This is the first time the outlook for rents has been positive across all sectors since late-2010” he said.
The survey also points to an improvement in developer confidence this quarter, with the number of developers planning to commence new works in the next 6 months rising to 60%, up from 48% in Q2. 
“Hopefully, this will translate into stronger building construction, particularly as property developers have also noted a further deterioration in their debt and equity funding situations”, he said.
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NAB survey suggests office property as the strongest sector

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Throughout 2015 there has been a substantial increase in transaction activity, says valuation firm Herron Todd White's recent month in review.
The report suggests however that this is by far more heavily weighted to prime assets and larger assets offering a strong WALE of five plus years.
"Buyer and market activity for investment properties with solid WALEs in the greater Brisbane area is very strong at present due to the low interest rate environment.
"This has resulted in firming yields for these prime assets over the past 18 months, evidenced in the above table."
However, the report does go on to add that there is increasing disparity between prime and secondary stock with strong yields for primary stock ranging between 7% and 8.5% and relatively soft yields for secondary stock ranging between 8.5% and 10%.
"The spike in demand for these more modern assets is driven largely by the limited supply being constructed which is a by-product of the hesitation to proceed without some certainty of future cash flow and hence the need for a pre-commitment.
"There has been an increase in leasing activity for prime industrial investment properties in the greater Brisbane area which is a positive sign in a somewhat volatile broader industrial market."
The report concludes by suggesting that the secondary stock is not as attractive with rents falling and vacancy rates increasing.
"Rents for prime industrial assets are ranging between $100 and $140 per square metre per annum net with secondary assets ranging between $60 and $95 per square metre per annum."
 
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