Navigating Commercial Lease Disputes with Experience

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Involved in a dispute relating to a commercial lease? We help you to assert your rights and take decisive action.

The stakes are often high with commercial lease disputes. We help you to understand your legal position and take strategic action.

We assist with:

  • retail lease disputes;
  • rent review disputes;
  • ‘make good’ and restoration disputes;
  • demolition disputes;
  • relocation disputes;
  • refusal of a transfer of lease;
  • lease termination disputes;
  • term sheet and heads of agreement disputes;
  • security deposit and bond disputes;
  • mediation and alternative dispute resolution (including Small Business Commissioner mediation); and
  • Court and litigation (including VCAT).

Approach

Our usual approach is to:

  • provide a clear and transparent quote;
  • develop a strategic plan based on your unique situation and objectives;
  • work tirelessly to achieve your desired outcome; and
  • regularly provide updates regarding our progress.

We tailor our approach depending on the nature of the dispute. Some disputes require collaboration and amicable commercial discussions. Others require a tenacious and robust approach. Whatever is required, we will adjust our approach to deliver results.


The Benefits of Legal Representation in Commercial Dispute Situations

Conflicts between landlords and their commercial tenants can be challenging and involve significant time and financial resources. An experienced commercial lease dispute lawyer can help achieve a fair outcome for their clients during these tricky situations. Read More

Some of the most common disputes between landlords and their tenants include:

Rent-related issues: Disputes over late or nonpayment of rent or increases in rental fees are common in commercial leasing. A solicitor can review the lease agreement to ensure that the clauses outlining the payment schedule are clear and enforceable, and address what can happen in the event of tenant noncompliance. They can also issue formal demand letters to recover unpaid rent and negotiate payment plans when the tenant is having financial difficulties. 

Repairs: Conflicts over maintenance and repair obligations are common. The responsibility for repairs — whether structural or everyday maintenance — should be clearly set out in the lease agreement. Ambiguities can lead to tenants being unexpectedly responsible for costly repairs, such as air conditioning and plumbing. A corporate litigation lawyer can review or draft clear maintenance and repair clauses to help prevent future disputes and ensure the responsibilities of each party are properly defined.

Termination disagreements: Legal intervention can be vital in interpreting lease clauses and mediating disputes related to early termination of the agreement and failure to comply with notice period requirements.

Breaches of the terms and conditions of the lease: Both landlords and tenants can knowingly or inadvertently fail to comply with the terms of a signed lease agreement. Common breaches include using the property for unauthorised activities or neglecting responsibilities for maintaining the building's structural integrity. A lawyer can help the complaining party determine whether there are valid grounds to pursue the matter further. They can also facilitate negotiations to establish new terms that can benefit both parties.

Subletting the property: Property disputes can arise if a tenant fails to disclose that another party is using the facility or if a landlord unreasonably refuses a request to allow someone else to occupy the space. A solicitor can review the lease agreement to clarify the rights and obligations of both parties and, if necessary, facilitate negotiations to resolve the matter amicably.

Dealing With Complex Commercial Dispute Cases

Sometimes commercial disputes can become more complex when they involve multiple parties, high financial stakes, and even criminal activity. If the police suspect that a property is being used by a tenant for a money laundering scheme, the landlord could suffer considerable damage to their reputation and take a financial hit. They could be investigated for facilitating fraudulent activities and failing to do their due diligence by fully screening their tenants. A commercial dispute lawyer can offer guidance to landlords while they vet their clients and provide representation in court for suspected fraud cases.

Commercial disputes are an unfortunate reality, but they can be managed with professional support and intervention from Velocity Legal. Our specialists can offer valuable guidance in resolving disputes over rent nonpayment, failure to comply with clauses in the lease agreement, and more.

Protect your business interests with the help of our qualified commercial lease dispute lawyers. Book a free 15-minute consultation today. Read Less

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How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

Do I have to go to Court?

Achieving a mutually agreed outcome outside of Court is usually the first port of call. If that is not possible, seeking the assistance of the Court may be an available option.

When should I get a lawyer involved?

Time is usually of the essence with disputes. We have seen situations in the past where issues have been caused due to clients coming to us too late after the dispute originally arose. So, it is usually sensible to get in touch with a lawyer once the dispute arises.

Team