Alternate Solution
Alternate Solution: Sale and Leaseback by Banks and Leasing Companies
Sale and leaseback is an arrangement in which one
party sells a property to a buyer and the buyer
immediately leases the property back to the seller.
This arrangement allows the initial buyer to make
full use of the asset while not having capital tied up
in the asset. Leasebacks operate in finance lease
structure and may provide tax shield.
It is apparent from the proposed recommendations
that it will take some time before REITs can actually
operate in Pakistan. However, this should not hinder skilled investors such as banking and non-banking
financing who would like to take real estate exposure. Therefore an alternate solution is the sale and
leaseback agreement between the Lessee and Lessor, where the underlying is a property or land.
The key advantages to the sale and lease back agreement are:
1. Negates the need to raise potentially more expensive capital in the marketplace to finance
expansion etc.
2. Leasing normally represents 100% financing whereas a mortgage company will not provide more
than say two-thirds of the value of a project.
There are certain disadvantages to this arrangement:
1. Lessee acts much as the owner of the property rather than as a tenant paying for all repairs,
maintenance, insurance and property taxes during the currency of the lease.
2. Improvements to the property and any increase in land value inure to the benefit of the landlord at
the expiration of the lease.
The sale and leaseback agreement is also available in Islamic
Financing Modes and is known is “Ijarah”. In this case, the
term ‘Ijarah’ is analogous to the English term ‘leasing’. Here
the lessor is called ‘Mu’jir’, the lessee is called ‘musta’jir’ and
the rent payable to the lesser is called ‘ujrah’. Since the sale
and leaseback agreements can be structured in an Islamic
mode, the appeal of such products will be higher.
Therefore the sale and leaseback agreements would allow
banking and leasing companies to write real estate leases and
therefore sale and le asebacks should be authorized.
Another advantage of sale and leaseback is that it can also be used both in Management and Hybrid REIT
model. The figure represents how sale and leaseback agreements would operate in REITs.
1. The investors in hybrid/development
REIT will get low risk rental yield.
2. The lessee will capitalize the capital gains
that he would obtain on selling his
property, and as a result this will be a
structure similar to paghri system
whereby a rental will be paid by the
lessee to the lessor.
This alternate solution to real estate investments
Vendor
Customer Financier
Property Rights &
Installments
Asset Price
Sale and Leaseback Agreement
Developer Asset Price Individuals
Investment
Institutions
Installments
Corporates
Households Property
Rights
Rental
Income
Pension Funds
Sale and Leaseback Agreement in REIT
Management / Hybrid
REIT
Developer
Institutions
Households
Banks and Leasing
Companies
Sale and Leaseback Agreement
Asset Price
Property Rights &
Installments
Research Paper: Real Estate Investment Trust
12
will provide a way to obtain exposure in real estate, thus improving the number of products available for.