Having a disagreement with your landlord can be uncomfortable. Financial matters are often stressful, especially when you feel like you don’t have any control. You may wonder what you should do during commercial lease disputes in Melbourne. Fortunately, there are a few different ways of managing things so your costs don’t blow out. This article will discuss the different steps you can take tomanagecommercial lease disputes that can arise over retail and non-retail leases.
Work Out the Kind of Lease
You lease will state if it’s a retail lease. If it is, your state legislation will define what minimal standards both yourself and your landlord must both observe. This legislation will outline procedures for commercial lease disputes in Melbourne. This is known as the Retail Leases Act 2003 (VIC).
Read Your Lease
If you’re in the process of a commercial lease dispute, your best bet is to take a close look at your contract. Ask yourself if the contract has anything to say about your particular issue.You also need to see if there’s a clause outlining that you need to pay your landlord’s costs if a dispute occurs.
Try to Make Up
If there’s a provision in the lease that’s relevant to commercial lease disputes in Melbourne, and yours in particular, then it may pay to approach your landlord about the issue. Good negotiation can save expensive legal fees down the track. It can also preserve the professional relationship between you and your landlord. In case it goes badly, accurately make note of any communications between each party – including dates and records of what was said.
If your contract specifies that the lessee must pay the lessor’s fees when there is a dispute, you should seek advice over how reasonable this is. Getting advice is of the utmost importance during commercial lease disputes in Melbourne.
If your informal attempts at resolution haven’t helped, then you need to bring the matter to the relevant tribunal. However, it’s likely you will be required to partake in formal mediation with your landlord. Mediation uses discussion and negotiation to come to an agreeable resolution for both parties.
Litigation vs. Mediation
Mediation is much less expensive than litigation, so it’s worth coming to the mediation table with an open mind for the best results during commercial lease disputes in Melbourne. It can lead to a more positive outcome and better relations between yourself and your landlord.
When mediation for a commercial lease dispute is unsuccessful, a commissioner will issue you with a certificate stating so. You can then usethis certificate to make an application to the tribunal, which will incur a fee. You will need to attend a directions hearing and then attend your hearing. It is possible for you to represent yourself if you wish to save costs, but a better outcome is generally achieved with professional representation. The tribunal will hear your matter and make orders accordingly.
If your lease is a non-retail commercial lease, you cannot simply apply to the tribunal. Legal action in a court may be necessary. You should speak with a lawyer about commercial lease disputes in Melbourne to get the best advice. Mediation should always be your first option.