Conveyancing & Property: Retail & Commercial Leases - Guides
Retail & Commercial Leases
11. Dispute Resolution
Firm / Chambers:
Last updated: 29 Aug 2015
- The lease agreement should outline procedures to resolve disputes between the landlord and the tenant.
- Most problems can be resolved if both parties understand the lease agreement and speak to each other about any issues when they arise. This often works to resolve the dispute before it becomes an even bigger problem and it saves time and money.
- Laws in each state and territory have procedures to help resolve retail tenancy disputes:
- these services are intended to save costs and provide a reasonably quick resolution of the dispute;
- usually you will not be permitted to take a dispute straight to court unless you have first attempted dispute resolution procedures;
- if the dispute is serious you will not be prevented from taking the matter straight to court; and
- you will need to check the tenancy dispute resolution laws in your state or territory or speak to a lawyer. You can use Find a Lawyer directory to contact a lawyer near you.
- Most dispute resolution procedures involve a discussion facilitated by a trained mediator between you and your landlord. Mediations are confidential and are not open to the public.
- Mediation is more informal than a court. The role of a mediator is to help the parties understand the situation and assist them to reach an agreement rather than taking the matter to court.
- If you resolve a dispute at mediation you may be asked to sign an agreement such as a contract agreeing to be legally bound by the mediated agreement.
- If mediation is unsuccessful you can take the matter to a tenancy tribunal or to court depending on the issues in dispute and the size of any claim.
- Tenancy tribunals have been created in some states and territories as specialist bodies to deal with retail lease disputes. They can give a much quicker and cheaper resolution than regular courts.
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