Commercial & Retail Lease Disputes

Working out whether a Lessor or Lessee is responsible for certain issues under the lease can be difficult where there appear to be conflicting terms within the Lease.  “Make good” provisions at the end of a lease spell out what condition the Lessee is required to restore the leased premises to.  There will usually also be provisions in the lease stating who is responsible to maintain or repair certain items that form part of the leased premises.

A close reading of the terms of the lease will be required. If a disputed issue cannot be resolved by way of informal correspondence, it may be that a formal and carefully crafted Notice of Breach of Lease will need to be issued to the party in default of the lease terms. 

There will also often be terms in commercial leases that allow for the Lessor’s costs incurred in respect of a breach of lease by the Lessee to be paid by the Lessee.

Unlike general commercial lease, retail leases are governed by the Retail Leases Act 1994 (NSW). Disputes about retail leases are primarily heard in the NSW Civil & Administrative Tribunal (Consumer & Commercial Division). The Act sets out many requirements for and some prohibitions regarding retail leases.

If you have an issue under a commercial or retail lease that you need legal assistance with please contact our Solicitor Clint Braid to discuss on (02) 6621 8833 or email clint.braid@spwalters.com.au.