Consider this if…
- You are in dispute over rent, arrears or outgoings
- Your landlord says you are in breach and you disagree
- An option to renew was exercised late, or the landlord says it was
- Repairs or essential services are not being attended to
- There is a disagreement about make good or the bank guarantee
- You have been served with, or need to serve, a notice
How it works
Tell us what has happened
The lease, the correspondence, any notices, and the dates. If a notice has a deadline on it, say so in your first email — deadlines change what we do first.
Today
Fixed-fee assessment of the merits
What the lease and the law say, how strong each side's position is, the realistic range of outcomes, and what the next stage would cost. You can stop here and use it to negotiate yourself.
Quoted before we start
A letter, and usually a negotiation
Most disputes resolve at this point, because the first properly argued letter changes what the other side thinks the outcome will be.
Quoted stage by stage
Mediation
Retail tenancy disputes generally go through the Victorian Small Business Commission before a tribunal will hear them. Commercial disputes often mediate by agreement because it is cheaper than the alternative.
Quoted stage by stage
VCAT or court, if it is necessary
Run stage by stage, with the cost of each step agreed before you take it, so you can reassess at every point rather than only at the end.
Quoted stage by stage
Fee
Quoted in writing before we start
GST inclusive
Excludes: Disputes are quoted stage by stage rather than end to end, because neither we nor anyone else controls what the other side does.
We quote each stage in writing before you commit to it.
The disputes that actually happen
Money. Arrears, outgoings reconciliations, rent review disagreements, and claims for costs. Most leasing disputes start here.
Ending the lease. A tenant who needs to leave early, a landlord who wants possession, an option exercised late, or a holding-over arrangement nobody documented.
Condition. Repairs and maintenance, essential services, defects that make the premises unusable, and make-good at the end.
Conduct. Exclusivity in a centre, interference with access or trade, and representations made before the lease that the premises turned out not to match.
Work out what it is worth before you run it
The first question in any dispute is not who is right. It is what the dispute is worth, what it costs to pursue, and what the realistic outcomes are — including the outcome where you win and the other side cannot pay.
That is why we start with a fixed-fee assessment of the merits. It sets out what the lease and the law say, where each side is strong and weak, and what we would do next. Plenty of clients take that document and negotiate the matter themselves, which is a perfectly good result.
The path a dispute takes
Almost every dispute begins with correspondence, and a properly argued letter resolves a large share of them, because it changes what the other side expects to happen.
Retail tenancy disputes then generally pass through the Victorian Small Business Commission for mediation before a tribunal will hear them. It is inexpensive, comparatively quick, and settles a great many matters. Commercial disputes outside the retail regime are not subject to that process, but mediating by agreement usually still beats the alternative on cost.
Where mediation does not resolve it, the matter proceeds to VCAT or, depending on the nature and value of the claim, to a court. We run those stage by stage, with the cost of each step quoted before it is taken.
Things that make a dispute worse
Withholding rent as leverage. Ignoring a notice because it looks wrong. Locking a tenant out, or accepting a lockout, without advice. Continuing to accept rent while asserting the lease has ended. Sending an angry email that becomes the other side's best document.
Almost all of these are avoidable with a short conversation first.
If a notice is involved, move now
A default notice has a date on it, and the date governs what happens next for both sides. So does re-entry. If either is in play, tell us straight away rather than at the end of the week.
Frequently asked questions
Do I have to go to mediation before VCAT?
For retail tenancy disputes there is generally a mediation step through the Victorian Small Business Commission before the tribunal will hear the matter. It is inexpensive and a large proportion of disputes resolve there. Commercial leases outside the retail regime are not subject to the same process, though mediating by agreement is still usually worth doing.
Can I stop paying rent while the dispute is on foot?
Almost never a good idea. Withholding rent commonly converts a dispute you might win into a default you have to defend, and it puts your security and the lease itself at risk. If you think you have a right to set off, get advice on it before you act rather than after.
What does a lease dispute cost to run?
It depends on how far it goes and on what the other side does, which is why we will not quote a single end-to-end figure. We quote each stage before you commit to it, starting with a fixed-fee assessment of the merits, so you can decide whether the dispute is worth running before spending anything on it.
My landlord will not do the repairs. What can I do?
Start by identifying whose obligation it is under the lease, then put the request in writing with a reasonable time to comply. Where the premises are unusable or a service is essential, the position is more urgent and the options are different. Send us the lease and the correspondence.
We missed the option date. Is the lease over?
Not necessarily. Late exercise of an option is a common dispute and the outcome depends on the drafting, the conduct of the parties and how late it was. It is worth advice quickly, because your negotiating position is best before the landlord has committed the premises to somebody else.
Do you act for landlords as well as tenants?
Yes, though not on both sides of the same dispute. Landlord work is usually arrears, breach, enforcement and recovery of possession; tenant work is usually defending those and pursuing repairs, outgoings and make-good claims.
Related services
If you have been served with a notice, send it and tell us the date on it.
Tell us what is in dispute