We provide comprehensive legal support for commercial lease matters and assist in resolving tenancy disputes. Our services cover lease negotiations, interpretation of lease terms, and representation in tenancy-related conflicts. We aim to protect our clients’ interests while fostering productive landlord-tenant relationships.
Overview
Commercial leases and tenancy disputes in Australia are governed by a combination of state-specific retail leasing legislation, such as the Retail Leases Act 1994 in New South Wales, and common law principles. These legal frameworks cover various aspects of the landlord-tenant relationship, including rent reviews, repairs and maintenance obligations, and lease renewals. The COVID-19 pandemic has also introduced new considerations, with temporary regulations affecting commercial tenancies and ongoing impacts on the commercial property market.
Effective management of commercial leases and prompt resolution of tenancy disputes are crucial for both landlords and tenants. Lease agreements often involve significant long-term financial commitments, and disputes can have substantial impacts on business operations and property investments. Recent trends in commercial leasing, such as the rise of co-working spaces and the shift towards more flexible lease arrangements, have added new complexities to this area of law.
Our approach
We take a strategic and commercially-focused approach to commercial lease matters and tenancy disputes. For lease negotiations and drafting, we work closely with our clients to understand their business needs and risk appetite, ensuring that lease terms are clear, comprehensive, and aligned with their objectives.
In dispute situations, we first assess the strength of our client’s position by thoroughly reviewing the lease agreement, relevant legislation, and any supporting documentation. We then develop a strategy that balances legal rights with commercial realities, often prioritising negotiation or mediation to achieve cost-effective resolutions.
Where litigation is necessary, we provide robust representation in relevant tribunals or courts. Our thorough preparation and deep understanding of commercial tenancy law enable us to present strong cases on behalf of our clients.
Throughout our engagement, we maintain clear communication with our clients, providing practical advice on their options and potential outcomes. We also advise on risk mitigation strategies to prevent future disputes, such as improving lease drafting or implementing better communication processes between landlords and tenants.
Representative experience
- Successfully negotiated favourable lease terms for a retail chain expanding into multiple new locations, including securing rent-free periods and flexible exit options.
- Represented a commercial landlord in tribunal proceedings regarding a tenant’s failure to pay rent, securing an order for possession and recovery of arrears.
- Advised a tenant on interpreting complex make-good provisions in their lease, negotiating a practical solution that minimised costs while satisfying lease obligations.
- Assisted a landlord in resolving a dispute over a tenant’s proposed assignment of lease, ensuring compliance with legislative requirements and protecting the landlord’s interests.
- Successfully mediated a conflict between a landlord and tenant regarding responsibility for structural repairs, reaching an agreement that fairly allocated costs and preserved the tenancy.
- Advised a co-working space operator on structuring their membership agreements to comply with retail leasing legislation while maintaining operational flexibility.