What type of commercial property disputes do lawyers handle
December 23, 2021

What type of commercial property disputes do lawyers handle?

4 Common property disputes we see all the time

As leading dispute lawyers in Melbourne, there are some common property disputes that we see quite often. We’ve included them in this article so that you can see a few of the areas that we can help you with.

Our property lawyers are here to assist you. No matter what your commercial property dispute, if you have unanswered questions, we are here for you.

So read on to find out more about the 4 most common property disputes we see in our line of work.

If you still have queries after getting to the end of the article, don’t worry, just get in contact with us and we will guide you through your dispute.

Damage to property

If damage has occurred to property while it is being rented out to the tenant, a dispute could occur where the tenant denies being the cause of this disrepair.

Then an argument could entail, with one side blaming the other. If you find yourself in this kind of situation, you should refer to the photographic evidence you took of the property condition on the signing of the lease.

Whether you are a landlord or tenant, you should always take photographs of the building when a tenancy first begins, so that there is more than anecdotal evidence to back up or refute a claim of damage.

A dated photograph can prove where the truth really lies and can help you if the disagreement becomes serious, and a property lawyer is involved.

Dispute over rental increase

It is generally agreed that rental prices will go up over time, but some tenants are not so accepting of this and can kick up a fuss when you inform them of an imminent increase in rent.

If you have a good quality tenant, they will not raise an eyebrow at your increase, if it is a fair amount and in line with the stipulations of the lease.

It’s worth considering if you do have a valued tenant, that you are kind to them to encourage a long-term lease arrangement, and do not tempt them to look elsewhere for a better deal.

It’s really a balance between getting a high return on your investment and retaining tenants so that you have less time where your property is vacant.

Tenant not paying rent

It can be infuriating for landlords when tenants stop paying rent. Especially if they have heard nothing from them in terms of communication about the missed rent and when they can expect it paid.

If you are a tenant who is not paying rent, it might be because you are in genuine financial trouble, but you have signed a contract that obliges you to pay a certain amount by a certain time.

You should seek financial advice for your situation, that allows you to pay back the rent due at a pace that you can afford. In that way, you can keep your word to your landlord, rather than making empty promises.

A lease is a legally binding document which means that if there is a disagreement it can lead to dispute lawyers in Melbourne getting involved.

If you are a landlord, you may wish to hire a property lawyer to help you settle the dispute with your tenant. There are a number of steps to resolving a commercial property dispute, and a good property lawyer can help guide you through them.

Coronavirus lease disputes

Many businesses have been hit with the repercussions of Coronavirus (COVID-19), making it harder for them to keep up with paying the rent.

In response to the mandatory Code of Conduct for Commercial Leasing released by The Australian Government in 2020, many states have created provisions and support for both tenants and landlords.

If you are struggling with paying rent as a result of COVID-19 ramifications, get in contact with your state government by searching online for Coronavirus support schemes that may be applicable to your situation.

By the same token, if you are a landlord, there may be aid available to you for any dilemma you may face as a result of COVID-19. If this source of help does not answer your questions, you can always seek help from a property lawyer.

Looking for dispute lawyers in Melbourne?

If you’re in the middle of a commercial property dispute, then the chances are good that you are going to need a property lawyer sometime soon.

Our dispute lawyers in Melbourne know all about the processes for resolving legal disputes concerning commercial property as efficiently as possible.

For expert advice on commercial property disputes, contact our legal team today.