Retail Lease Disputes
The better your understanding is of your rights and obligations under tenancy law, the more likely you will be to avoid disputes (lease litigation) and disruption to your property income (for Landlords) or business operation (for Tenants).
Please feel free to download our Checklists to assist you to better understand your rights and obligations.
We recommend that you consult with our Law Institute of Victoria Accredited Specialist in Commercial Tenancy Law before commencing any action.
We can assist Landlords to obtain the necessary information for full disclosure to Tenants and likewise we can assist Tenants in their requests to Landlords for full disclosure.
Parties to commercial tenancy agreements need to be aware of the difficulties which can result from a failure to make proper enquiries.
The most common causes of disputes on Leases:
- Failure to pay rent
- Tenant locked out of premises without adequate notice to rectify breach
- Breach of Lease – tenant using the premises for a purpose other than that specified in the lease and permitted by the planning permit
- Subletting tenancy without the permission of the Landlord
- Damage to premises
- Failure to maintain the premises by either the Landlord or Tenant
- Commencing unauthorised works to premises
- Tenant’s refusal to vacate at the conclusion of the Lease
- Landlord failing to provide Tenant with quiet enjoyment of the leased premises
- Withholding security deposit (bond) at the conclusion of the lease term
- Misunderstandings about outgoings – payment and interpretation
- Rent Reviews – fixed increase, to market & CPI
- Exercise of Options and Assignments – failure to notify within the prescribed timeframe
If you find you are in dispute with your Landlord or Tenant, please do not delay contacting our office and taking action as you may have rights under the lease for only a certain time period. After critical times periods have lapsed it may be that you have waived your rights to seek damages.
We can assist you by making an urgent application to VCAT for injunctive relief.
If you would like to speak to our Law Institute of Victoria Accredited Specialist in Retail Lease Law – Jack Cyngler, please do not hesitate to ring directly on +61 3 9500 1722.