BUSINESS INFORMATION
Resolving leasing problems
Attempt to resolve any issues with your lease directly with your landlord as a first step.
If problems arise during the term of your lease, you should attempt to resolve these with the landlord (or their agent) as soon as possible. Informal discussions may help both parties find a workable solution.
As a first step, aim to address any concerns related to your lease directly with your landlord. When issues arise during the lease term, it’s advisable to engage with the landlord (or their agent) as early as possible. Open and informal discussions can often lead to mutually agreeable solutions.
Where applicable, consult the lease agreement, as it typically outlines the obligations and responsibilities of both parties.
If direct resolution proves challenging, our dispute resolution service is available to help mediate conflicts with your landlord. This service is accessible, cost-effective, and designed to resolve disputes efficiently, enabling you to concentrate on managing your business. While this is an alternative to court proceedings, the option to pursue legal action remains open if necessary.
FREE HELP FOR BUSINESS OWNERS
Dispute resolution service
If you’re unable to resolve a leasing problem, you can contact our free dispute resolution service for help.
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Leases Governed by the Commercial Tenancy (Retail Shops) Agreement Act 1985
Under the CT Act, the Small Business Commissioner assists in resolving disputes involving retail shop leases. Both tenants and landlords are eligible to seek support. Depending on the nature of the dispute, mediation may be recommended as a suitable approach.
In most instances, parties applying to the State Administrative Tribunal (SAT) are required to obtain a certificate from the Small Business Commissioner, which must accompany their application. However, for certain administrative or urgent matters, you may proceed directly to the SAT without this requirement.
To determine whether a certificate from the Small Business Commissioner is needed for your specific case, use the SAT Wizard tool.
Seeking Compensation for Business Disruption
If your business operations have been affected due to work carried out by your landlord, you might be eligible to claim compensation.
While landlords typically have the right to perform renovations or redevelop their property, as outlined in your lease agreement, they are obligated to take reasonable measures to reduce any potential disruption to your business.
For those leasing retail spaces, it’s important to review the disclosure statement provided at the beginning of your lease. This document should specify whether the landlord informed you about planned works during your lease period. (Note: A disclosure statement must be provided to you before finalizing a new retail shop lease.)
If your business has been impacted, read our guide on How to claim compensation for disruption caused by the landlord’s works.
Useful resources
Leasing business premises: A commercial and practical guide
This guide highlights some of the main issues to consider and can assist you to avoid some of the common pitfalls associated with leasing business premises.
How to negotiate your way to a better lease
This practical guide highlights some of the main issues to consider when negotiating a retail lease. It also identifies some less obvious issues that frequently create problems for the tenant after the lease has commenced.
Common questions about the Commercial Tenancy Act: for leases entered into on or after 1 January 2013
This guide provides information and general guidance for landlords and tenants that have entered into a leasing agreement on or after 1 January 2013.
DCK ENTERPRISE HELPLINE
Need more information about leasing?
Our commercial tenancy advisers at DCK Enterprise are available to address any questions or concerns.
- Call us on 00000
- Book an online or phone appointment
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