Commercial Lease Dispute Lawyer
Stonegate Legal provides legal representation to a diverse group of property owners and renters of commercial spaces and retail stores located in Brisbane and throughout Queensland.
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Legal Guidance for Commercial and Retail Leases
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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).
Types of Commercial Lease Disputes
There Are a Number of Ways That a Dispute Can Arise with Commercial Leases
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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.
For a landlord to effectively give a tenant a notice to remedy breach, they must ensure that certain requirements are met.
These include making sure the notice is in writing, accurately identifies all parties involved, specifies the details of the breach, outlines any necessary rent payments, provides instructions on how to remedy the breach, includes specific notes, states a reasonable timeframe for remediation, and is served properly to the lessee. Any omission of these requirements may render the notice ineffective.
If the tenant fails to rectify any breach of covenant, obligation, condition, or agreement within a reasonable period, the landlord has the option to terminate the lease (depending on the lease terms).
In such a scenario or if there is a dispute concerning the commercial lease dispute, the tenant can request relief against forfeiture.
As per Section 124(2) of the PLA, the tenant can seek relief from the court, which may include orders for costs, expenses, damages, compensation, penalty, or an injunction to prevent future breaches.
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Meet Our Commercial Lease Dispute Team
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 who is experienced in:
Damon Laffin is a solicitor and forms part of the litigation team.
Damon is admitted to the Supreme Court of Queensland and the High Court of Australia. Damon is also presently undertaking to Master of Applied Law (majoring in Litigation) through the College of Law, which is due to be completed in or around February 2023.
Laylah joined the Stonegate Legal team in 2021 as our receptionist and legal assistant. Laylah has worked her way up to paralegal and works in the debt recovery team.
She is currently in her final year of studying a Bachelor of Laws at the University of the Sunshine Coast and has found a keen interest in litigation, contract law and tort law.
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.