What you need to know from the very beginning
Are you involved in a commercial lease dispute?
Are you wondering how long it will go on and what you can do to end it sooner?
You need to know that property law advice is essential when you are in a commercial lease dispute. It’s not simply nice to have.
If you haven’t already hired a property lawyer, now is the time.
The investment you make in a property lawyer will pay you dividends repeatedly as it will stop you from making simple mistakes in how you conduct yourself in this matter.
Such mistakes could threaten your desired outcome of the dispute, and once you’ve done something that damages your case, you can’t undo it easily.
So the first thing to do is hire yourself an experienced property lawyer.
Why do commercial lease disputes occur?
There are a variety of reasons why commercial lease disputes happen.
A frequent cause is when a tenant stops paying rent, creating a rental arrears situation.
It’s not a simple procedure to recover due rent, and it may involve high legal costs to get the right property law advice to know what to do.
Another reason for commercial lease disputes includes a breach of the lease by the tenant, which may result in termination, refusal to renew, taking possession of the property, and even service of notice to vacate.
Sometimes, disputes arise due to confusion over the maintenance responsibilities of the tenant and the landlord, with both thinking the other is culpable.
However, the leading cause of a commercial lease dispute is either one or both parties of the lease agreement being unclear on their rights and obligations.
This instance is where a property lawyer can provide valuable information and prevent you from falling into common potholes that both tenants and landlords are vulnerable to.
What do I do if I’m involved in a dispute?
If you find yourself involved in a commercial lease dispute, the first thing you should do is to seek legal advice.
It may seem a little premature, especially if you are still on speaking terms with your landlord or tenant.
But if you are still on speaking terms, you might just say something that gives away too much about your situation or intentions, which could get you into trouble later on.
It’s much better to have a property lawyer on your side who can vet the communications you provide to your landlord or tenant to put you in the best position moving forward.
Once you have an accomplished property lawyer on your side, you can then make appropriate communications with the other party, which won’t sabotage your efforts at satisfactory dispute resolution later on.
Some parties choose to converse through their respective lawyers, and that is not a bad way of conducting communication as it protects each party from legal repercussions.
The first step to resolving a commercial lease dispute is to communicate with the other party and try to reach an agreement among yourselves (via your lawyers if need be).
Escalating the matter further
If you cannot agree on the matter, either party can raise the dispute with the Victorian Small Business Commission. The VSBC is a government agency that supports tenants and landlords with leasing and commercial disputes.
The VSBC can help end disputes by providing low-cost mediation services by qualified, independent people.
Suppose mediation with the VSBC representative does not resolve the issue. In that case, the mediator provides written notice to this fact, and they refer the dispute to the Victorian Civil and Administrative Tribunal.
At this point, you will be sorely in need of a property lawyer if you haven’t hired one already, as you will need a team or individual who can represent you at the VCAT.
It’s always better to seek property law advice early on to ensure that you get the result you desire.
Saving money in the short term can cause you to make costly mistakes in the long term, and it’s just not worth the risk.
The right legal advice, at the right time, for the right price
When hiring a property lawyer, you don’t want to skimp, but neither do you want to be charged more than is strictly appropriate.
Here at P&B Law, we provide property law advice on an as-needed basis.
We give you precisely the property law advice you need to get the results you want, and our fees reflect the fact that we only charge for the services necessary.
We think this is a fair and reasonable way of conducting business.
If you’d like to find out more about commercial lease disputes or how to work with us, contact us today.