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Property & Leasing Disputes
Property and leasing disagreements can jeopardize your investment and disrupt business continuity. Our property dispute lawyers in Melbourne and Mount Waverley provide expert advocacy for landlords, tenants, and property owners. We specialise in resolving complex disputes involving commercial, retail, and residential properties across Victoria, ensuring your rights are protected under the Retail Leases Act and the Property Law Act.
Commercial & Retail Lease Disputes – Resolving conflicts regarding rent reviews, outgoings, repairs, and maintenance. We provide expert representation in the Victorian Small Business Commission (VSBC) and VCAT.
Breach of Lease & Evictions – Strategic advice on issuing or responding to remedial notices (Section 146 notices), managing defaults, and handling the lawful re-entry of premises.
Make Good & Dilapidation Claims – Negotiating "make good" obligations at the end of a lease term to ensure fair outcomes for both landlords and tenants regarding property condition.
Retail Tenancy Compliance – Navigating the specific protections of the Retail Leases Act 2003 (Vic), including disclosure requirements and unconscionable conduct claims.
Adverse Possession & Boundary Disputes – Acting in property ownership disagreements, including fencing disputes, easements, and claims for adverse possession in the Supreme Court of Victoria.
Co-ownership Disputes (Veda/Part IV) – Assisting with applications to VCAT for the sale or division of co-owned property where owners cannot reach an agreement.
FAQs: Common questions about lease breaches, retail tenancies, and property disagreements are answered below.
Frequently Asked Questions About Property and Leasing Disputes
Should I try to resolve a leasing dispute myself first?
While informal discussions can sometimes resolve minor issues, having legal representation early often leads to faster, more secure outcomes. There is a risk you may unknowingly waive your rights or compromise your position during a negotiation. We can handle initial discussions to ensure your commercial interests are protected from the start.
What happens if a tenant or landlord breaches a lease?
The first step is usually issuing a formal notice of default, which must strictly comply with the terms of the lease and relevant legislation. If the breach is not rectified, you may have grounds to terminate the lease or seek damages. Early legal advice is critical to ensure notices are served correctly to avoid claims of "wrongful re-entry."
How are retail lease disputes different from other commercial disputes?
In Victoria, retail lease disputes are primarily governed by the Retail Leases Act 2003. Most of these matters must go through the Victorian Small Business Commission (VSBC) for mediation before a claim can be filed at the Victorian Civil and Administrative Tribunal (VCAT).
How expensive is it to take a property matter to court or VCAT?
The cost depends on the complexity of the dispute and how long it takes to resolve. Many property matters settle during mediation or after a letter of demand is sent. We provide cost estimates at the outset and work to resolve the matter as efficiently as possible to minimise disruption to your business or investment.
Is my conversation with a property lawyer confidential?
Yes, information you disclose for the purposes of seeking legal advice is generally covered by legal professional privilege. This applies to your initial enquiry, including phone calls and consultations, regardless of whether you officially retain our firm to act for you.
What is the difference between a solicitor and a barrister in a property case?
Your solicitor manages the day-to-day strategy, paperwork, and negotiations. If a property dispute becomes complex or goes to a formal hearing at VCAT or the Supreme Court, we may recommend engaging a barrister, an expert advocate who specialises in courtroom representation and technical legal advice.