Commercial Lease Dispute Lawyer
Our commercial lease dispute lawyers act for tenants and landlords in disputes over rent, outgoings, repairs, make good and termination.
- Fixed fee initial advice.
- For tenants and landlords.
- Australia-wide, online.
Disputes we deal with
We advise on disputes about:
- rent arrears, and disagreements over market rent
- outgoings: what the landlord can charge and how it is worked out (see our guide to outgoings in a commercial lease)
- repairs and maintenance, including who is responsible for the building, plant and air conditioning
- breach notices and termination
- make good at the end of the lease
- claims on a bond or bank guarantee
- access to the premises, disruption and relocation
- statements made before the lease was signed that turned out to be wrong
Start with the lease
Most lease disputes turn on the wording of the lease and what the parties have put in writing since. The first step is to read both. We tell you where you stand, what the other side can and can’t do, and your options.
Act early
Many disputes come with deadlines, such as the time to remedy a breach or to dispute a rent figure. Missing one can limit your options.
While you get advice:
- withholding rent can put you in breach of the lease, so get advice before you stop paying
- put your position in writing
- keep copies of emails, invoices, photos and notices
- get advice before you sign anything that settles the dispute
Retail lease disputes
If your lease is a retail shop lease, the state’s retail leases Act usually requires you to try mediation through the state small business commissioner before a tribunal or court will hear the dispute. In the ACT, Tasmania and the Northern Territory the process is different, and we can tell you which applies.
| State | Mediation through |
|---|---|
| NSW | NSW Small Business Commissioner |
| VIC | Victorian Small Business Commission |
| QLD | Queensland Small Business Commissioner |
| WA | Small Business Development Corporation |
| SA | Small Business Commission SA |
If mediation doesn’t resolve it, the dispute goes to the tribunal or court the Act names, such as NCAT in NSW, VCAT in Victoria, QCAT in Queensland and the State Administrative Tribunal in WA. For Queensland, see our retail shop lease dispute page. For other states, see retail lease lawyers.
Other commercial lease disputes
Outside the retail Acts, the lease’s dispute clause usually sets the process. That may be negotiation, then mediation, or a valuer deciding a rent dispute. If that doesn’t work, the dispute can go to court.
If a dispute is resolved by negotiation, we record the outcome in a deed, such as a deed of settlement, a deed of variation or a deed of surrender.
In a dispute over a lease?
Send us the lease and the correspondence. We'll confirm the fee for initial advice before we start.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.