Commercial Lease Dispute Lawyer

When You Need To Ask For Specialist Tenancy Advice

How to find a pathway out of Tenancy Dispute

As our commercial lease dispute lawyer will highlight, the better your understanding is of your commercial tenant rights and obligations under the new Retail Leases Amendment Act 2020, the more likely you will be to avoid disputes.

Lease disputes can be stressful, costly and inevitably lead to a disruption to either a Landlord’s property income, or a Tenant’s business operation, or both.

To avoid this and to solve the issues, it’s important to rebuild trust between the parties involved.

Our commercial lease dispute lawyer can help. With experience in representing both landlords and tenants, ask us for a speedy and cost effect pathway out of dispute.

Store Closing Down - Tenancy Dispute

What are the most common causes of tenancy disputes in commercial 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, a breakdown in rental negotiations
  • Exercise of Options and Assignments – failure to notify within the prescribed time frame under the new Retail Leases Amendment Act 2020

If you find you are in a dispute with your Landlord or Tenant, please do not delay contacting our commercial lease dispute lawyer and taking action as each party has specific rights under the new Retail Leases Amendment Act 2020 that will carry for only a certain time period. After critical times periods have lapsed it may be that you have waived your rights to seek damages.

Let our Accredited Specialist Lease Lawyer assist with your commercial lease disputes by making an urgent application to VCAT for injunctive relief.

Free Commerical Tenancy Law Checklists To Download

We can assist commercial Landlords to obtain the necessary information for full disclosure to commercial 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.

How can our Commercial Lease Dispute Lawyer assist you to negotiate new lease terms under the new Code of Conduct?

We can assist you with the following:

  1. Negotiations: Being a party to negotiations to ensure both landlord and tenant negotiate in good faith under the Code of Conduct.
  2. Financial Information: What turnover information is appropriate and not appropriate for a landlord to request from a tenant? Tenants should be aware what they must present to their landlord by way of documentation to maximize their rental reductions, waivers, and deferments under JobKeeper: AND Landlords should be aware what financial information they have the right to request and what is not appropriate turnover information for a Landlord to request from a tenant to help inform their offer of rent relief. Call us if you would like a list of financial information that details what is appropriate and what is not appropriate.
  3. Documentation: Parties will need to document all changes to the lease by a Variation of Lease prepared by a Solicitor. We are able to prepare this document on your behalf. These variations will affect the lease now and in the aftermath of the Pandemic.
    Further Reductions:Seeking on behalf of tenants to negotiate further reductions from the landlord if the landlord has been the beneficiary of a reduction in statutory charges, a reduction in insurance premiums, or a deferral of loan payments from a financial institution. Assisting landlords to understand what their obligations are in respect of the further reductions requested by tenants.
  4. Deferments of rent secured over tenants’ personal assets on the PPSR: Assisting parties in respect of the securing of a tenants’ personal assets in negotiations for rental reductions, waivers & deferments. Undertaking registrations on the PPSR.
  5. Mediation: If negotiations break down, we are able to represent you in any private mediation or Small Business Commissioner Mediation. We are also able to act as an independent Mediator.

If you would like to ask further questions in relation to any of the above, or require our assistance, please contact our office to speak directly to Jack Cyngler, Accredited Specialist Commercial Lease Dispute Lawyer.

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