Lease disputes escalate on deadlines, not on principle. A demand arrives, a bank guarantee is threatened, a termination notice is served, and the time you have to respond is measured in days. Our commercial lease dispute lawyers in Sydney act for tenants and landlords in retail and commercial lease disputes, through mediation, NCAT and the NSW courts.
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Unpaid rent is the most common trigger for a lease dispute, and it moves quickly to threats of termination or a call on security. We act for landlords recovering arrears and for tenants disputing what is actually owed, including where rent was withheld because the landlord failed to meet its own obligations.
Outgoings estimates that bear no relation to the final reconciliation, charges that are not recoverable under the lease, and market rent reviews that arrive well above market. These disputes turn on the wording of the lease and, for retail shops, on the landlord’s disclosure obligations under the Retail Leases Act 1994 (NSW).
Make good claims are frequently inflated and almost always arrive after the keys are handed back, when the tenant can no longer prove the condition of the premises. We test the scope against the lease and any condition report, challenge quotations, and negotiate cash settlements in place of works where that suits both sides.
A bank guarantee pays out on demand, so the argument about whether the landlord was entitled to call it usually happens after the money has gone. We act fast to prevent an improper call, and recover the proceeds where the call exceeded what the security clause allowed.
Landlords must generally serve a notice under section 129 of the Conveyancing Act 1919 (NSW) specifying the breach before forfeiting a lease, although that requirement does not apply to non-payment of rent. Where a tenant has been locked out, relief against forfeiture may be available, and it needs to be sought urgently.
Retail tenants misled about turnover, permitted use, outgoings or a centre’s redevelopment plans may have claims beyond the lease itself. NCAT can make orders for misleading or deceptive conduct, unconscionable conduct, and rectification of a lease or disclosure statement that does not reflect what was agreed.
Most lease disputes are about money, and the commercial answer is usually better than the legal one. We start by reading the lease and the disclosure statement, working out what each side can actually prove, and putting a number on the realistic outcome. That tells you whether to settle, mediate, or run the matter, before you have spent anything on a hearing.
Based in Chatswood and acting for tenants and landlords across Sydney and NSW since 2014, we offer a fixed-fee dispute assessment so the first step has a known cost. For retail shop leases, mediation with the NSW Small Business Commissioner is a compulsory step before most NCAT applications, and we prepare for it properly rather than treating it as a formality. Where a lease has not yet been signed, our commercial lease lawyers review it before you commit.
For breaches other than unpaid rent, a landlord who forfeits a lease without first serving a valid notice specifying the breach risks the termination being invalid and a damages claim.
A retail lease claim must be brought within three years after the liability or obligation arose, or after the alleged unconscionable conduct occurred.
Mediation with the NSW Small Business Commissioner is compulsory for most retail lease claims, and the certificate must be attached unless an exemption applies.
Without photographs or a condition report from the day you vacated, a make good claim is very difficult to challenge, whatever the lease says.
Where a landlord has issued a breach notice, threatened to call security, or changed the locks, the response in the first few days shapes everything that follows. We assess the notice, the lease and your options immediately.
We act for landlords enforcing payment obligations, pursuing make good and reinstatement costs, and terminating leases correctly so the termination cannot be challenged later.
Centre leases bring their own disputes: outgoings reconciliations, relocation and demolition clauses, trading hours and exclusivity. Retail shop leases also carry statutory protections many tenants never use.
Liability does not end when you leave. We deal with bank guarantees, security bonds and personal guarantees as part of the exit, and challenge claims made against former tenants and their directors.
We read the lease, the disclosure statement and the correspondence, confirm whether the Retail Leases Act applies, and tell you the strength of your position and the realistic range of outcomes.
We put a written position to the other side setting out the breach, the loss and what resolution looks like. Most lease disputes settle here, before any application is made.
For retail shop leases, mediation is compulsory before most NCAT applications. We prepare the material, attend with you, and use the session to test the other side's figures rather than just attend.
If mediation fails we file in NCAT for a retail lease, or in the appropriate NSW court for other commercial leases, run the matter to orders, and enforce them.
Lease disputes are decided on documents: the lease, the disclosure statement, the condition of the premises, and the correspondence between the parties. By the time a matter reaches a hearing, the evidence is whatever each side created while the dispute was unfolding. That is why the first few weeks matter more than the hearing day, and why responses sent in frustration cause so much damage.
In retail lease matters at NCAT, parties are entitled to be represented by an Australian lawyer without needing the Tribunal’s leave. With 11+ years acting for Sydney tenants and landlords in lease, debt recovery and commercial litigation matters, we resolve most disputes before a contested hearing and run the ones that need it.
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Enquire today and receive a same-day response from our Sydney lease dispute lawyers. We act for tenants and landlords in retail and commercial lease disputes across NSW, at a transparent fixed fee for the initial assessment. Book a Consultation.
Our Sydney lawyers run retail and commercial lease disputes every week, across rent arrears, outgoings, make good, bank guarantees, termination and disclosure claims, in NCAT and the NSW courts.
Every lease dispute starts with a fixed-fee assessment of the lease and your position, confirmed before any work begins. You know the cost of the first step before you commit to the dispute.
Enquire today and receive a response the same business day. Lease disputes run on short deadlines, from breach notices to hearing directions. Our lawyers work 100% online across NSW.
We act for tenants and for landlords, which means we know how the other side values the dispute and where the settlement range really sits, rather than guessing at it.
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If the premises are a retail shop covered by the Retail Leases Act 1994 (NSW), the dispute is heard by NCAT in its Consumer and Commercial Division. If the lease is commercial but not retail, the matter goes to the NSW courts: the Local Court for claims up to $100,000, the District Court up to $750,000, and the Supreme Court above that or for urgent injunctions.
For most retail lease claims, yes. Mediation with the NSW Small Business Commissioner is compulsory, and the mediation certificate must be attached to your NCAT application. Section 68 of the Retail Leases Act allows an application to be accepted without mediation where the order sought is in the nature of an injunction.
The maximum claim is $750,000 for leases entered into on or after 1 July 2017, and $400,000 for leases entered into before that date. Claims above the limit are dealt with in the courts instead. NCAT can also make non-monetary orders, including relief against forfeiture and rectification of a lease or disclosure statement.
Yes. You must apply to NCAT within three years after the liability or obligation that is the subject of the claim arose, or after the alleged unconscionable conduct occurred. Non-retail commercial lease claims are generally subject to the six year contract limitation period under the Limitation Act 1969 (NSW).
Only in limited circumstances. For breaches other than non-payment of rent, section 129 of the Conveyancing Act 1919 (NSW) generally requires the landlord to serve a notice specifying the breach and, where it can be remedied, giving the tenant a chance to fix it. A tenant locked out may be able to seek relief against forfeiture, but it must be sought urgently.
Yes. In retail lease matters, parties are entitled to be represented by an Australian lawyer without needing the Tribunal’s leave, under Schedule 3 of the Civil and Administrative Tribunal Act 2013 (NSW). That is different from most other NCAT matters, where leave is usually required.
NCAT can order payment or refund of money, rectification of a lease or disclosure statement, relief against forfeiture, payment of a security bond, and orders for unconscionable, misleading or deceptive conduct. It can also make interim orders to stop a party acting or preserve the position, where there are urgent reasons.
PromptLaw charges a fixed fee for the initial lease and dispute assessment, confirmed before work starts. Costs after that depend on whether the matter resolves at negotiation, at mediation, or at a contested hearing, and NCAT and court filing fees are additional. We give you an estimate before any application is filed.
Contact our Sydney lease dispute lawyers today. Book a 15-minute quick advice call or a full 45-minute lease and dispute assessment. Fixed fees, same-day response, 100% online. No office visit required.
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In a Commercial or Retail Lease Dispute? Get Advice Before the Deadline Passes.
Talk to our Sydney lease dispute lawyers today. Fixed-fee assessment, same-day response, 100% online. We act for tenants and landlords in rent, outgoings, make good, bank guarantee and termination disputes through mediation, NCAT and the NSW courts.
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