Retail Shop Lease Dispute QLD
A retail shop lease dispute in Queensland usually goes to mediation with the Queensland Small Business Commissioner first, then to QCAT if it isn't resolved. We advise tenants and landlords on where they stand and the next steps.
- Fixed fee for initial advice.
- For tenants and landlords.
- Online, wherever you are.
How disputes are resolved
Most disputes between landlords and tenants under the Retail Shop Leases Act 1994 (Qld) are “retail tenancy disputes”. They follow a set path:
- Talk and write first. Set out the issue in writing and ask for the documents you need.
- Mediation. Either party can apply to the Queensland Small Business Commissioner (QSBC) for mediation. A mediator helps you reach an agreement. Mediation is usually quicker and costs less than a tribunal hearing.
- QCAT. If mediation doesn’t resolve the dispute, a party can apply to the Queensland Civil and Administrative Tribunal. QCAT can make binding orders, such as for payment of money or compensation.
Common disputes
Outgoings. Charges not allowed by the lease, capital costs charged as outgoings, or late or missing audited statements. See retail shop lease outgoings in Queensland.
Rent reviews. Disagreements about market rent or how a rent review clause works. If you can’t agree a market rent, the Act provides for it to be set by a valuer appointed under the Act.
Make good. What the tenant has to do at the end of the lease, and whether the landlord can keep the bond or bank guarantee. See make good disputes.
Unconscionable conduct. The Act prohibits unconscionable conduct by landlords and tenants in retail tenancy dealings. Examples include unfair pressure in negotiations or using a much stronger position unfairly.
Relocation and refurbishment. A landlord wanting to move the tenant to another shop in the centre, or requiring a refit. The Act sets rules for relocation, including at least 3 months’ notice and the landlord paying your reasonable costs of moving. A refurbishment requirement is void unless the lease gives general details of the work and when it is due.
Disclosure. A late or defective lessor disclosure statement can give the tenant rights, including in some cases to end the lease within 6 months after entering it.
What we do
We read the lease and the correspondence and send you written advice on your position and options. Where it helps, we write to the other side for you. If the dispute goes further, we prepare the mediation application and help you get ready for mediation and, if needed, QCAT.
If you are about to enter a new lease or renew, we can review the lease first.
Questions
Something else? Enquire online or email us.
Can I stop paying rent while we're in dispute?
Withholding rent can put a tenant in breach of the lease and give the landlord grounds to act. Tenants in a dispute generally keep paying and raise the issue in writing.
I've received a breach notice. What should I do?
A breach notice usually gives a set period to fix the breach, which can be short. Send it to us with the lease and we'll explain the options.
In a dispute over a retail lease?
Send us the lease and the correspondence and we'll tell you the next step.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.