Lease disputes are almost inevitable. The key is to determine how can the dispute be resolved in the most cost effective way.
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 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.
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.
We have experience representing both landlords and tenants (therefore understanding both perspectives) across the full range of retail commercial lease matters including:
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.