Lease Disputes

Lease disputes are almost inevitable. The key is to determine how can the dispute be resolved in the most cost effective way.

Letter setting out your position

Writing a letter clearly setting out your dispute with the other party has a two-fold effect. Firstly, It helps the other party understand with the clarity the legal basis of your position. Secondly, it demonstrates that our are serious about your rights and that the other party needs to think clearly about resolution.

Early Mediation

Early conciliation is usually the best approach. If the lease is a retail lease, mediation via the Small Business Commissioner is compulsory in any case, unless the circumstances are urgent.

We regularly represent clients at mediation. Mediation is inexpensive and refines the issues the in dispute with the view to achieving a workable outcome.

Even if the lease is a non-retail commercial lease, mediation can still be used and in most cases should before because it will very often bring about a resolution.

Being legally represented at mediation is a great advantage from our experience as the legal issues can be dealt with in precise way. We will seek to focus the other party’s mind as to the strengths of your case in a persuasive way so as to give the matter the best chance of resolution at this early stage.

Litigation

If litigation is necessary, we have strong experience in both VCAT and the Courts in representing our clients’ interests. If it gets to this stage, we take a very tough stance against the other party but at the same time continue to look for ways to globally resolve the dispute.

Our Experience

We have experience representing both landlords and tenants (therefore understanding both perspectives) across the full range of retail commercial lease matters including:

  • Breach of Lease, including Notices of Breach
  • Termination of Lease
  • Money matters including non-payment of rent and outgoings
  • Damage to Premises
  • Rent Review
  • Lockout
  • Quiet Enjoyment of Premises
  • Watertight Premises
  • Maintenance of Premises
  • Exercise of Option
  • Sublease Disputes (including consent to lease)
  • Premises Maintenance
  • Security Deposit Disputes
  • Assignment of Lease Disputes
  • Outgoings Disputes
  • Eviction Disputes
  • Insolvency
  • Personal Property Security Disputes

We are here to help. To discuss your matter further please either call us on 1300 907 335 or fill out the enquiry form on this page.

Enquiry Form


  • CBD Office

    Level 8, 446 Collins Street
    Melbourne Vic 3000

  • Moorabbin Office

    Level 1, 441 South Road
    Moorabbin Vic 3189

  • Chadstone Office

    Level 8, 1341 Dandenong Rd,
    Chadstone VIC 3148

  • FRANKSTON OFFICE

    Ground Flr, 435 Nepean HWY
    Frankston Vic 3199

  • Preston Office

    Ground Flr, 84 Hotham St,
    Preston VIC 3072

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