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When entering into a commercial lease, disputes can arise at any time prior to the expiration of the contract date. This might be due to any of the following:
- Rental price increases
- Unpaid rent
- Claims for works/repairs
- Contract amendments
- Lease termination
Hones Lawyers specialise in finding solutions between parties through various avenues that are cost-effective and most efficient.
Our strategies have helped many clients with their commercial lease disputes throughout NSW.
Lease Disputes Due to Covid-19 – How We Can Assist
During the pandemic period or a reasonable subsequent recovery period, landlords must not terminate a lease for non-payment of rent. A number of provisions are listed in the Code obligating how the ongoing relationship will be developed and continue. Finally, if the parties cannot reach agreement, the issue is then to be referred to the relevant State of Dispute Resolution Authority for a binding mediation. Obviously, and to bring an early certainty to the relationship, there is no reason why private mediation cannot be implemented and, provided the parties can agree, a binding agreement is then entered into. For a number of reasons, a facilitative mediation which is only binding once the parties can agree is widely considered a better forum than attending what must be a binding session.
If you need assistance with your commercial lease during the time of covid-19 please get in touch by filling out our online enquiry form with details of your matter and we will get back to you as soon as possible.
Commercial Lease Disputes FAQs
How can I settle a non-retail commercial lease dispute?
It is essential to fully understand the terms of your lease. We suggest initially trying to negotiate directly with your landlord to try to resolve the issue. If this is unsuccessful or not possible, then seek mediation. If this fails, the team at Hones Lawyers can advise you on your options.
What do I have to be aware of when signing a commercial lease?
There are many parts to a commercial lease which need to be reviewed and agreed on before signing to reduce the likelihood of a dispute later. Things to consider include the rent and rent reviews, the bond, option to renew at the end of the lease, fixtures, maintenance, refurbishment, etc. The team at Hones can provide advice when entering into a commercial lease.
How are commercial rent increases worked out?
Rent under most commercial leases is increased during an annual review and is usually calculated either by an agreed percentage, by referring to the Consumer Price Index or by a market rent review. Details of rent reviews should be set out in the lease. If you need advice on a rent increase or you are in a dispute about an increase, contact the commercial team at Hones.