Lease Dispute Legal Advice for Landlords

We have strong experience in representing landlords in almost any type of lease dispute from end-to-end.

We act for landlords in enforcing rights against tenant and defending against claims form tenants, including:

Non-Payment of Rent

A standard response is issuing a 14-day default notice, demanding rent payment. These notices, while they look simple, must be carefully drafted to ensure that they are compliant and enforceable.

Failure to comply with a default notice can result in the termination of the lease. A well drafted default notice will put maximum pressure on a tenant and if the tenant is to remain in business, will typically become a matter of the highest priority. There are various strategies that can be employed to deal with non-payment of rent key to addressing rent non-payment should be prompt and consistent.

In cases of repeated non-payment, where compliant notices have been issued, even if the non-payment breach is remedied tenants may lose their renewal option under certain conditions. Firm action is often advisable for landlords to protect themselves to address both the immediate default and future options.

Rent Review Disputes

Landlords typically initiate market rent reviews in a strong market. In weaker markets, it can be the tenant who wants the review or wants to contest a landlord’s review of the new market rent. We can deal with the tenant on your behalf as required and we also have access to capable and professional valuers.

Enforcing Tenant Refurbishment Obligations

Refurbishment protects the integrity of your asset. We can deal with the tenant on your behalf to make sure understands the “why” and the “why” around the refurbishment obligations.

Non-compliance is a default under the lease and can result in a default notice if the tenant fails to comply,

End-of-Lease Make Good Obligations

End-of-lease restoration can be contentious and costly for tenants. If tenants fail to meet these obligations, decisive measures may be necessary, including using the security deposit (cash or bank guarantee) and relying on personal guarantees to cover the expenses.

We are experienced at putting maximum pressure on tenants to comply promptly and, where there is a loss, recovering that loss on behalf of our landlord clients.

Other Lease Breaches

Other lease breaches include:

• Failing to pay or reimburse outgoings
• Using the premises for something other than the specified use
• Subleasing without landlord consent
• Property damage and failing to maintain the property beyond normal wear and tear
• Altering the property without landlord consent
• Failing to maintain the required insurance coverage
• Conducting Illegal Activities at the premises
• Violation of Noise, Odor, or Pollution laws and standards

How We Can Assist

At PCL Lawyers our team are well practised in navigating and resolving lease disputes. Whether you prefer a tough approach to encourage tenant compliance or a more conciliatory one we can tailor our correspondence and approach accordingly.

We will ensure that your position is protected, and you understand your legal rights and options for you to determine the best commercial outcome for you.

We can:

• advise you as to whether a breach has been committed.
• issue default notices to your tenant.
• advise you about terminating the lease and recovering money – for example, unpaid rent or damages- from the tenant.
• deal with urgent court applications such as injunctions.
• defend you against a tenant making a tenant claim.
• prepare your case for mediation and speak on your behalf at the mediation.
• where necessary, commence and confidently represent you in legal proceedings against a tenant.
• enforce your rights and defend your position.

We can handle any type of retail or commercial lease dispute and our litigation team can manage simple and complex litigious matters with ease.

Getting advice from one of our lease disputes lawyers will provide clarity on your matter. The timeframes and costs can vary depending on what different options or strategies you can employ to resolve a lease dispute.

Timely legal advice in lease disputes can help landlords reduce their exposure or costs in the future.

Call us today on 1300 907 335 to discuss your situation or alternatively, please fill out the contact form on this page and we will contact you promptly.