Commercial Property Disputes

Commercial property disputes can have substantial financial and operational consequences.

A dispute involving commercial premises may affect a business’s ability to trade, its investment, its relationship with a landlord or tenant, or the value of the underlying property.

Lee Lawyers can assist with disputes concerning:

• commercial leases;

• rent and outgoings;

• repairs and maintenance;

• make-good obligations;

• lease incentives;

• options to renew;

• assignment and subletting;

• permitted use;

• redevelopment and relocation;

• access and possession;

• termination of leases;

• breaches of lease obligations;

• property damage;

• sale and purchase agreements; and

• disputes arising from commercial development arrangements.

We can advise landlords and tenants about their contractual and legal positions and assist with negotiation, mediation and litigation where appropriate.

Retail Shop Leases

Retail shop leasing in Queensland can involve additional statutory considerations.

The Retail Shop Leases Act 1994 (Qld) regulates particular retail shop leases and imposes requirements affecting landlords and tenants.

Disputes can arise concerning matters such as:

• whether the legislation applies to a particular lease;

• disclosure obligations;

• lease terms;

• rent and rent reviews;

• outgoings;

• maintenance and repairs;

• relocation or redevelopment;

• assignment;

• renewal;

• termination;

• make-good obligations; and

• disputes concerning compliance with statutory requirements.

Retail leasing disputes require consideration of both the lease itself and any applicable statutory requirements.

Lee Lawyers can advise retail landlords and tenants about their rights and obligations and assist in resolving disputes arising from retail shop leases.

Residential Property Disputes

Residential property disputes can involve a home, investment property or other residential premises and may arise between owners, purchasers, sellers, landlords, tenants or other parties with an interest in the property.

Depending upon the circumstances, disputes may concern:

• residential contracts of sale;

• alleged defects;

• building and structural problems;

• disclosure issues;

• settlement disputes;

• deposits;

• termination of contracts;

• misrepresentation;

• ownership disputes;

• co-ownership;

• boundaries;

• easements and access;

• property damage;

• residential leasing issues; and

• disputes arising from the purchase, ownership or occupation of residential property.

Residential property disputes can have particularly significant consequences because the property may also be the client’s home.

We aim to provide practical advice directed towards resolving the dispute while protecting the client’s legal position.

Property Contracts

A property transaction can involve substantial commitments before settlement occurs.

Disputes may arise concerning the interpretation or performance of a contract, conditions of sale, deposits, settlement obligations, representations made before entering the contract, or a party’s attempt to terminate.

We can advise on issues including:

• whether a contract has been breached;

• whether a party is entitled to terminate;

• whether a party has repudiated the contract;

• whether a deposit may be retained or recovered;

• whether specific performance may be available;

• whether damages may be claimed; and

• whether urgent action is required to protect a party’s position.

Early advice can be particularly important where a transaction is approaching settlement or one party is threatening termination.

Property Ownership Disputes

Property ownership is not always as straightforward as the name appearing on a title.

Disputes can arise between:

• co-owners;

• family members;

• business partners;

• trustees and beneficiaries;

• companies and shareholders; or

• parties who have contributed to the purchase or improvement of property.

Depending upon the circumstances, issues may involve trusts, equitable interests, resulting trusts, constructive trusts or other legal principles affecting beneficial ownership.

These matters can require careful examination of the history of the property and the financial and other contributions made by the parties.

Boundary, Easement and Access Disputes

Disagreements concerning boundaries, access and rights over neighbouring land can significantly affect the use and value of property.

Disputes may concern:

• the location of a boundary;

• rights of way;

• easements;

• access to a property;

• obstruction of access;

• fencing;

• drainage;

• use of adjoining land; and

• alleged interference with property rights.

The appropriate solution may involve negotiation, expert surveying evidence, mediation or, where necessary, court proceedings.

Building and Property Defects

Property disputes may also arise from defective construction or building work.

Issues can include:

• structural defects;

• water ingress;

• defective workmanship;

• incomplete works;

• non-compliance with contractual requirements;

• building damage;

• disputes concerning responsibility for defects; and

• the cost of rectification.

These matters can involve contracts between owners, builders, contractors, consultants and other parties.

Where necessary, expert evidence may be obtained to establish the cause, extent and cost of rectification of the alleged defects.

Landlord and Tenant Disputes

The relationship between a landlord and tenant is governed by the relevant lease or tenancy agreement and, depending upon the nature of the premises, applicable legislation.

A dispute may arise concerning:

• rent;

• outgoings;

• repairs;

• maintenance;

• damage;

• use of the premises;

• assignment;

• subletting;

• alterations;

• termination;

• possession;

• options to renew; or

• make-good obligations.

The legal regime applying to a particular dispute depends upon whether the premises are commercial, retail or residential and the circumstances of the tenancy.

Urgent Property Disputes

Some property disputes require prompt action.

For example, a party may need urgent advice where:

• a contract is about to be terminated;

• settlement is imminent;

• a party is threatening to sell or transfer property;

• access to premises has been restricted;

• a tenant or landlord is threatening immediate action;

• substantial property damage has occurred; or

• an injunction may be required.

Delay can sometimes affect the remedies available to a party.

Where appropriate, Lee Lawyers can advise on urgent applications and court proceedings.

Negotiation and Mediation

Property disputes do not always need to be resolved by a court.

Negotiation and mediation can provide an opportunity for the parties to reach a commercially acceptable outcome while avoiding some of the cost, delay and uncertainty associated with litigation.

This can be particularly important where the parties have an ongoing relationship, such as:

• landlord and tenant;

• neighbouring property owners;

• co-owners;

• business partners; or

• parties involved in a development.

Lee Lawyers has substantial experience in negotiation and mediation and can advise whether an alternative dispute resolution process is appropriate.

Where a negotiated resolution cannot be achieved, we can conduct the necessary litigation.