Commercial Lease Disputes Resolved
Strategic legal solutions for landlords and tenants facing lease disagreements or breaches. Swift, clear and effective advice and assistance.
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Why Choose us?
Expert commercial lease disputes lawyers in Queensland. We guide you with clarity and care through
disputes to protect your business stability.
Specialist
Experience
Years of combined expertise in commercial lease disputes and dispute resolution.
Clear Legal Advice
Clear advice early so you can make confident decisions in relation to your dispute.
Clear Guidance on Costs
Clear guidance on costs so you understand fees before we act.
Tailored
Strategy
Flexible representation: negotiation, mediation or court depending on what suits you.
Rights Protection
Focused on protecting your interests and minimising disruption.
Legal Guidance for Commercial and Retail Leases
Protect Your Business Interests with Our Commercial Lease Disputes Lawyers
It is not uncommon for business and commercial lease disputes to arise, and the consequences of one party’s actions can be significant for the other. Such disputes often occur when there is uncertainty regarding the rights and obligations outlined in the lease terms.
In Queensland, leases are classified as either retail or non-retail, with retail leases pertaining to locations that serve customers directly, such as shops, while non-retail leases apply to places like warehouses and factories. Relevant legislation includes the Retail Shop Leases Act 1994 (Qld) (RSL Act) and the Property Law Act 1974 (Qld) (PLA).
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Types of Commercial Lease Disputes
There Are a Number of Ways That a Commercial Lease Disputes Can Arise in Queensland
> Disputes arising from assignment of the commercial lease
> Commercial lease disputes regarding unauthorised works to premises
> Damage to premises by either the tenant or the landlord (or mother nature)
> Commercial lease disputes because of failure to notify within the correct time to accept an option
> Commercial lease disputes relating to the landlord or tenant failing to maintain the premises
> Commercial lease disputes in relation to failure to pay rent, paying the incorrect amount or rent, and/or failure to pay the outgoings.
> Commercial lease disputes in relation to the insurance kept by the tenant and/or landlord
> Interruption to access to the premises.
> Commercial lease disputes relating to the landlord failing to provide quiet enjoyment of the premises
> Commercial lease disputes because of the tenant’s failure to make good the premises
> The landlord or the tenant refusing consent to an assignment causing a dispute
> Commercial lease disputes relating to subletting tenancy without permission
> Tenant being locked out of premises without the adequate notice to remedy the breach
> The tenant using the premises for a different purpose other than specified in the lease
> Commercial lease disputes in relation to withholding security deposit (bond)
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Find The Right Help
Stonegate Legal’s team of experienced lawyers have extensive experience in commercial and retail lease disputes throughout Brisbane and Queensland. We understand the complexities of the legal system and can provide advice on how to manage any dispute. Whether you need assistance in negotiating a new lease agreement, or you are involved in a dispute with your current landlord, our team can help.
We are committed to providing representation that is tailored to the individual needs of our clients and offer practical solutions that will protect their business interests.
When a tenant violates the terms of their lease agreement, a landlord or property manager may issue a legal document known as a Notice to Remedy Breach.
This document notifies the tenant of their breach and outlines the actions required to correct the issue. Common breaches include late rent payments, property damage, noise violations, occupancy restrictions, and illegal activities on the premises.
The notice typically includes a deadline for remedying the breach and may also warn that failure to comply could result in eviction proceedings. If the tenant fails to correct the breach within the specified timeframe, the landlord may have the right to terminate the lease and initiate eviction proceedings.
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Don’t let commercial lease disputes ruin your life or business. Take action today by contacting us for a consultation. Together, we can stand up to false and damaging allegations and unfair lease issues – and protect your rights.
Our Team
Meet Our Commercial Lease Lawyers
Legal Practice Director / Principal Solicitor
Wayne Davis
Wayne Davis is the principal solicitor, legal practice director of the firm, and leads the litigation team. Wayne has an LLB, and GDLP and is admitted to the Supreme Court of Queensland and the High Court of Australia. Wayne is a debt recovery, litigation, and insolvency professional.
Wayne is dedicated to achieving the best possible outcomes, whether through strategic negotiation, alternative dispute resolution, or courtroom advocacy. Wayne understand that every case is unique and takes a proactive approach to ensure your rights and interests are protected at every stage of the process.
Education & Certifications
LLB – Bachelor of Laws
Personal Quote
Don’t believe everything you think.
Areas of Interest
Building and Construction ⦿ Civil/Personal Litigation ⦿ Commercial Lease Disputes Commercial Litigation ⦿ Corporations Disputes ⦿ Debt Recovery/Collection ⦿ Defamation Litigation ⦿ Insolvency Law ⦿ Statutory Demands ⦿ Tax Debt Disputes ⦿ Wills/Estate Litigation
Solicitor
Kirsty Walker
Kirsty has come into the legal profession later in life, having been a primary school teacher for 24 years. Her interest in the law stemmed from running a small construction company. After self-representing against debtors, she came to value the ability of the law to assist contractors in David and Goliath situations. Kirsty is admitted to the Supreme Court of Queensland and the High Court of Australia.
Education & Certifications
Bachelor of Law (First Class Honours), Graduate Diploma Legal Practice, Bachelor of Criminology, and Justice Bachelor of Education (Primary), Certificate IV Small Business Management
Personal Quote
Always pray to have eyes that see the best, a heart that forgives the worst, a mind that forgets the bad, and a soul that never loses faith.
Areas of Interest
Building and Construction ⦿ Civil/Personal Litigation ⦿ Commercial Litigation ⦿ Insolvency Law ⦿ Tax Debt Disputes
FAQ
Frequently Asked Questions
Stonegate Legal’s team of experienced lawyers provide legal representation to property owners and renters of commercial spaces and retail stores located in Brisbane and throughout Queensland.
We handle all types of commercial and retail lease disputes, including those involving uncertainty regarding the rights and obligations outlined in the lease terms. We also provide assistance in negotiating new lease agreements, as well as help clients involved in disputes with their current landlord.
It is not always necessary to go to court in order to resolve a commercial or retail lease dispute. Our team will provide tailored advice and assistance to help you protect your business interests and can work with you to find the best solution for your situation.
Commercial lease disputes occur when disagreements arise between a landlord and a tenant about the rights and obligations in a commercial lease agreement. These disputes can involve issues like rent, maintenance, unauthorised works, security deposits, use of premises, access, and assignment. They are common in both retail and non-retail leases and can significantly impact business operations if not addressed promptly.
Common causes of commercial lease disputes include failure to pay rent or outgoings, disagreement over repairs and maintenance responsibilities, unauthorised alterations to premises, refusal to consent to assignments or subleases, and interference with quiet enjoyment. Unclear lease terms or missed notification deadlines can also spark disputes. Having clear, enforceable lease provisions helps reduce disagreements.
Rent issues are a frequent trigger for commercial lease disputes when a tenant fails to pay rent, pays the wrong amount, or disagrees with a rent increase. Disputes also arise over how rent reviews are calculated, particularly in market rent adjustments. Ensuring rent terms are clear and reviewing the lease carefully before agreeing can help prevent these issues.
Yes. Disagreements over property condition commonly feature in commercial lease disputes where one party claims the other has failed to maintain or repair the premises. Disputes also arise over damage caused by tenants or landlords, obligations to return the space in a “make good” condition, and unexpected defects. Clearly allocating maintenance duties in the lease reduces risk and helps manage expectations.
Commercial lease disputes often involve unauthorised use when a tenant operates outside the lease’s permitted use clause or changes the nature of the business without consent. This can breach fundamental terms of the lease, prompting landlord action. Clear use clauses negotiated at the outset help prevent disagreements and provide certainty if issues arise.
Issues like interruption to access, lockouts without proper notice, or changes in access arrangements can cause commercial lease disputes. Tenants must be able to enter and use premises as agreed, and landlords must respect these rights. Any restriction or interference with access often requires negotiation or formal dispute resolution to protect business continuity.
The first step in resolving a commercial lease dispute is to review the lease agreement to understand the rights and obligations of each party. Early written communication and negotiation often help clarify misunderstandings. If this fails, mediation or legal advice should be considered to resolve the dispute efficiently and preserve business relationships.
No. Commercial lease disputes do not necessarily go to the Queensland Civil and Administrative Tribunal (QCAT) unless they involve retail shop lease issues after mediation attempts. Pure commercial lease disputes may need other dispute resolution approaches or court action if mediation doesn’t resolve them. Legal advice is crucial to determine the correct forum.
Yes. Many commercial lease disputes are resolved without court proceedings through negotiation, mediation, or alternative dispute resolution. These paths are generally quicker, less costly, and can preserve ongoing landlord-tenant relationships. In Queensland, mediation services are available, and formal legal advice can guide the process before considering litigation.
Legal support in commercial lease disputes helps clarify complex lease clauses, advise on rights and obligations, negotiate with the other party, prepare formal notices, and represent clients in mediation or court. Experienced lawyers can protect business interests and minimise risk, ensuring practical solutions and tailored strategies for each dispute scenario.
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