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Commercial lease dispute lawyers

Getting the best outcomes in commercial and retail lease disputes

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Commercial lease dispute lawyers

Get the right help to win your commercial lease dispute

Commercial lease disputes can have a profound influence on the success and viability of a business. No matter how much experience you have in the commercial leasing process, it pays to have professional advice.

AANDI Lawyers has unparalleled experience in assisting landlords, agents, and tenants of commercial property find success in commercial and retail lease disputes. We assist individuals and businesses in settling disputes that arise in day-to-day business, and as a result of the COVID-19 pandemic.

No matter who you are, we can advise you on:

  • Preparing equitable leases
  • Terms and conditions of leases
  • Stamp duty and GST
  • Compliance checks
  • Breaches and Enforcement of Notice of Breach
  • Land and environment issues
  • Rent reviews and disputes
  • Failure to maintain premises
  • Security deposit disputes
  • Lockouts from premises
  • Refusal to vacate
  • Subletting agreements

Get expert legal advice for your commercial and retail lease dispute

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Who is AANDI?

AANDI Lawyers started in 2014 to assist the community in a range of litigation and dispute resolution matters. We began in Victoria with property damage claims and motor vehicle claims, and have since expanded to offer a range of legal services Australia-wide.

We put your interests first to resolve retail lease disputes efficiently and effectively. In pursuit of our mutual goals, we promise to always deliver honest, clear communication, so that you have a full understanding of the situation and where you stand.

Learn more about AANDI

Quality advice for less

We understand what hangs in the balance. Our commercial and retail lease dispute advice has fixed fees, allowing you to get on with business.

Protecting your interests

You have certain entitlements under the law when it comes to commercial lease disputes. We will protect those entitlements.

Open and honest advice

We will always be transparent when it comes to delivering advice, ensuring that your matter is resolved efficiently.

How we can help retail leasing dispute clients

We will review the terms and conditions of the current lease agreement and advise you on whether a breach has occurred. We will then advise on the potential consequences of this breach.

Review

If we believe there are sufficient grounds to seek damages from the other party, or to terminate the lease entirely, we will advise you as such. We can also help you prepare an urgent injunction.

Advise

To help you get in the best possible position, we will negotiate with the other party on your behalf. You can rest assured that we will always defend and uphold your best interests in these discussions.

Negotiate

If the matter needs to go to private mediation or VCAT for resolution, we will act on your behalf. We can also act as an independent mediator in matters that require our services.

Mediate

In the end, we want you to get on with business. Commercial and retail lease disputes are costly in terms of energy, time, and resources. We want to limit this impact, and help you get back to business as soon as possible.

Resolve

Contact us

Get expert legal advice for commercial and retail leases

Talk to our lawyers about your lease and the terms you need. We can help get all the correct clauses to protect your business. Get in touch to contact the best commercial and retail lease layers in Melbourne.

(03) 9813 4290
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What causes commercial lease disputes?

The most common cause of commercial or retail leasing disputes is breaching a lease agreement, or by failing to uphold obligations dictated by the law. Breaches from tenants can come in the form of non-payment of rent and refusing to vacate by a certain date. Breaches from landlords can arise when a landlord unfairly breaches the rights of a tenant, or fails to uphold their obligations for things like repairs.

Here's how to effectively resolve a breach of a lease agreement:

  • Establish the grounds of the breach
  • Serve a notice of default to remedy breach
  • Renter the premises, or lock tenants out
  • Begin legal action to recover losses sustained by the breach
  • Privately negotiate a remedy
  • Counterclaim for damages
  • Seek an injunction from the courts to prevent a certain action
  • Pursue legal action through the courts

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Important information related to COVID-19

To help businesses survive lockdowns and the fallout from COVID-19, rules and regulations were brought in place to protect the rights of commercial tenants. As it stands, tenants are able to negotiate rental relief with landlords. When these concessions are removed, tenants may face financial difficulties that can affect the business.

The federal government's commercial leasing regulations and protections for commercial tenants are due to be wound back soon. This will likely result in many leasing disputes between landlords and tenants.

It is essential that you understand your rights, whether you are a tenant or a landlord. There is a lot of misunderstanding and misinformation in the business community around these regulations. To overcome these challenges, you need a commercial leasing dispute lawyer in your corner for mediation.

Here's what you need to know about the current COVID-19 environment with regards to retail lease disputes:

  • Commercial leasing principles are governed by a national code of conduct
  • Landlords and tenants are required to act in good faith
  • Tenants can access rent relief (rent that is never to be repaid)
  • Tenants can access rent waivers (rent to be paid in future)
  • Mediation and VCAT are likely endpoints for many disputes

Your questions answered

What elements of commercial dispute can you manage on my behalf?

AANDI Lawyers is proud to protect your rights at every stage of a retail or commercial lease dispute.

  1. Negotiation: We will represent your interests in negotiations between landlords and tenants, ensuring that the most equitable outcome is reached for you.
  2. Financial advice: We will educate you on what is appropriate turnover information between a landlord and tenant, and help you become fully aware of your rights.
  3. Documentation: We will document all changes and communication between yourself and the other party, making sure that everything is clear and concise.
  4. Mediation: In the event that negotiations fail, we will represent your interests in private mediation. We can also act as an independent mediator.
Is there a difference between retail and commercial lease disputes?

Yes. For retail leases, landlords and tenants must uphold specific retail legislation that governs the terms of their lease.

For commercial leases, negotiations are more open. In commercial lease disputes, careful negotiation must be entered into to ensure that landlord and tenant rights are upheld.

What are some common types of commercial lease disputes?

Here are some of the most common disputes that arise in regards to commercial and retail leases:

  • Tenants not paying rent for months at a time
  • Landlords refusing to fix or repair problems
  • Rent review disputes where landlords unfairly raises the rent
  • Tenants leaving the premises in disrepair upon leaving
What kind of lease disputes do you advise on?

We advise on any and all commercial and retail lease disputes, including:

  • Office leases
  • Warehouse leases
  • Retail leases
  • Factory leases
  • Business park leases
  • Shared workspace leases