The disruption to operations and financial cost of a legal dispute cannot be underestimated.
All parties to a dispute will generally want to get the matter resolved as soon as possible.
We take a very pragmatic approach –we advise our tenant clients what theie., legal rights are and then provide options how to resolve the dispute.
Typically, it is the Tenant who is accused of breaching the lease; but this is not always the case: we have acted for many, many tenants in circumstances where the landlord has breached the lease.
There are numerous ways in which a landlord can breach a lease. Some examples where we have acted for tenants in relation to landlord breaches include:
- The roof of the premises leaks, causing loss and damage to the tenant.
- The Landlord falsely alleges that the Tenant has breached of lease (this is common) and terminates the lease or threatens to do so.
- The Landlord has not complied with the Retail Leases legislation.
- The landlord’s managing agent has drafted the lease in such a way that it is a “non-retail” lease when in fact, it is a retail lease (Global Tiger Logistics v ….)
How We Can Help?
First of all, we will listen to you. It is important that we understand the outcome that you seek.
Our lawyers are experienced in retail and non-retail lease dispute resolution, mediation and litigation Victoria and across several Australian states.
When will usually (having regard to your instructions) try to take a firm but conciliatory approach when negotiating with the landlord on your behalf. In more urgent circumstances – such a lockout or threatened lock out, we can – and will – adopt a very firm approach from the beginning and ensure that you are not unnecessarily bullied by the landlord.
We can assist you to resolve your commercial lease dispute by:
- carefully reviewing your lease and providing advice in relation to an alleged breach of lease;
- advise you as to your prospects of success – whether there are alleging things against the landlord or whether you defending allegations from the landlord;
- negotiating with the other party to try to resolve the dispute – and put you in the best position possible moving forward
- representing you in a court or tribunal, as required;
- work hard to get you a resolution as soon as possible.
Contact Us Today
To speak with one of our property dispute lawyers call us today on 1300 907 335. Alternatively, please fill out the contact form on this page for and one of our lawyers will be right back to you.
We are experienced in acting for Landlords in dispute with Tenants.
Common scenarios include –
Non-payment of Rent
We almost always recommend that this is dealt with swiftly and consistently.
“Persistent defaulters” can have their option to renew refused in certain circumstances.
The typical action that can be taken is a default notice, giving the tenant 14 days to pay the rent. If not paid, you then end the lease. In some circumstances, it will be appropriate to end the lease without notice. Tough action is usually the best course.
Rent Review Dispute
The landlord will usually call for a rent review (although tenants often can and sometimes will). Tenants sometimes object. There are solutions to this issue. We can assist with negotiating this for you.
Refurbishment is a standard component of most leases. Landlords can rely on lease to insist on tenant refurbishment works. Sometimes these works need to be enforced through default notices where a tenant fails to comply.
Make good at the end of the lease can be controversial. It may involve a considerable spend from by the tenant. If the tenant fails to adhere to its obligations, strict action needs to be taken. This may include relying on the security deposit (whether cash or bank guarantee) to pay for these works where the tenant is not complying with these obligations. Getting the make good done quickly when a tenant leaves is important so that the premises can be ready for the next tenant.
Other Breaches of the Lease
Tenants can breach leases in a variety of ways. Swift action will typically be the best course to protect your asset as a landlord. Tenants enter into a contractual arrangement when they sign the lease and you have every right as a landlord to ensure absolute compliance.
How We CanHelp…
We are highly experienced in navigating commercial lease disputes.
We regularly represent clients in these matters, including at mediation and in lease litigation.
We set the barometer at where you want it as a landlord. Some landlords will want to “prod” the tenant to comply, which frankly can be an effective means when handled by lawyers correctly. Others want fare keen to breach the tenant quickly and in some cases terminate the tenancy. We can confidently assist you in dealing with any lease dispute in any Australian jurisdiction.
- reviewyour lease and advise you as to whether a breach has been committed and, if so, your options as a landlord
- advise whether you have a right to terminate the lease, or demand/sue for damages;
- deal with urgent court applications such as injunctions
- defend you against a claim by the tenant
- negotiate with the tenant on your behalf
- preparing your case for, and represent you at, mediation
- preparing your case for, and represent you in, the relevant tribunal or court.
Call us today on 1300 907 335. Alternatively, please fill out the contact form on this page for and one of our lawyers will be right back to you.