Lease Dispute Advice for Tenants

Lease disputes can arise because typically because the landlord has done something wrong or if a tenant is alleged to have done something inconsistent with the lease.

As a tenant, none of this pleasant – it is distracting to the operation of your business and can be stressful.

Irrespective of who is at fault, there needs to be a resolution and usually this is better sooner rather than later.

Our Approach to Lease Disputes on behalf of a Tenant

When advising tenants, we take a very pragmatic approach. We advise our tenant clients what their legal rights are and then provide options on how to resolve the dispute quickly and effectively.

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 (we acted in successfully arguing this Global Tiger Logistics v Chapel Street).

In circumstances where it is alleged that you as the tenant has breached the lease, we are very experienced in bringing perspective to the process. Whether we are dealing with the landlord directly or their lawyer, we can assert your position and limit your liability.

Our lease lawyers have a deep understanding of the law and can strategically negotiate on your behalf.

How we can help?

Firstly, we will listen to you. It is important that we understand how the dispute arose and the outcome that you ideally seek.

Our lawyers are experienced in retail and non-retail lease dispute resolution, mediation and litigation Victoria and across several Australian states.

We 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 a commercial lease dispute in the following ways:

• carefully reviewing your lease and providing advice in relation to an alleged breach of lease.
• advising you as to your prospects of success – whether you are alleging things against the landlord or whether you are defending allegations from the landlord.
• negotiating with the landlord (or their lawyers) to try to resolve the dispute – and put you in the best position possible moving forward.
• attending mediation your behalf, as required.
• representing you in a court or tribunal, as required.
• work hard to get you a resolution as soon as possible.

Contact Us Today

It is important to seek the right advice from experts who provide quality advice and documentation in any type of leasing disputes. Our legal team routinely advise clients and can handle any type of dispute from simple negotiations to more complex litigious cases.

Quality legal representation will ensure that your position is firmly asserted, which sends a strong signal to the landlord about your intentions.

At PCL , we seek to ensure our clients have the best possible outcome and work with you to ensure that your business interests are protected. We look to achieve the quality results for our clients quickly and cost-effectively.

To get clarity about your lease dispute call us on 1300 907 335. Alternatively, fill out the contact form and one of our lease lawyers will respond promptly.