Landlord and Tenant Disputes
Disagreements can arise at any time during the term of a commercial lease.
It is better to get advice before a disagreement turns into a legal dispute or much worse litigation.
We have acted for many commercial landlords and tenants in relation to all sorts of disputes and litigation that can arise over commercial leases including:
- Breach of lease;
- Failure to pay amount due including rent;
- Damage to premises;
- Subletting and assignments;
- Holding over;
- Vacate lease disputes;
- Distraining for unpaid rent;
- Termination of leases;
- Eviction;
- Rental relief from forfeiture; and
- Security deposits, bonds and guarantees.
Record-keeping and paper trails generally are critically important as just about every commercial lease dispute comes down to contract law and statute (eg the Retail and Commercial Leases Act 1994).
Disputes Between Co-Owners of Land
Do you hold property with another person or persons as joint tenants or tenants in common with whom you are not in a close personal relationship (eg not your spouse, de facto partner or domestic partner)?
Do you have a co-ownership agreement with that person or those persons which has been breached or is there a dispute about its terms?
If you do not have a co-ownership agreement with your co-owner(s), do you have a disagreement with them about a major issue requiring negotiation or dispute resolution, such as whether to sell the property or not?
Whether or not you have a co-ownership agreement with others, disputes can arise about any number of issues including:
- One co-owner wants to sell and the other(s) do not;
- Disputes about the purpose of the property (e.g. investment, development and/or subdivisions);
- Mortgage repayment and contribution disputes;
- When property is owned in unequal proportions not necessarily reflected on the title;
- Disputes about maintenance and repair obligations; and
- Valuation issues.
Record-keeping and getting your facts right is a huge advantage in any dispute between you and your co-owner(s). Many disputes should be able to be resolved by negotiation and we can advise you at an early stage.
Sale and Purchase of Land Disputes
We have acted for many vendors and purchasers of land (both commercial and residential), often by way of referrals from real estate agents and conveyancers.
There can often be issues involved in the conveyance of land, from execution to performance or non-performance.
Time is of the absolute essence: it is important that you get advice about a particular issue as soon as you become aware of it.
Many issues can be sorted out quickly, by having something cleared up by an exchange in correspondence or an addendum to a contract prepared.
However, many issues go to the very heart of the transaction, such as:
- finance clauses, in particular what constitutes best endeavours;
- disputes involving other terms of the contract;
- a defective Form 1;
- misrepresentation;
- misdescription of land;
- the payment or forfeiture or release of the deposit; or
- breach of contract generally.
Whether you are the vendor or purchaser of land, we can provide you with advice and assistance even before there is a dispute and particularly if there is a dispute which requires some tough negotiation.
Once again, as this area involves contract law and often black and white statute law, it is essential that you have your paperwork in order and your facts straight.
Competing Interests in Land Disputes
Disputes over land can arise when parties who are not necessarily on the title of land as the registered owner (proprietor) but have conflicting equitable interests, whether or not such interests are registered on the title.
These disputes can occur perhaps because an error on the certificate of title itself, or because the legal owner is not the same as the equitable owner, or because of a fraudulent or disputed transfer of title.
Resolving these disputes must start with a detailed examination of the certificate of title, a history of the dealings of the land, an interpretation of instruments registered on the title, looking at critical documents and records that do not necessarily appear on the land registry.
We can assist in all manner of disputes between competing interest holders in land including disputes between or involving:
- Registered proprietors;
- Adverse possession claims;
- Trustees;
- Mortgagees;
- Caveators;
- Chargees;
- Encumbrances; and
- Unregistered interests in land
Disputes between parties having an interest in land are often very difficult to resolve. Courts will often impress upon parties to mediate issues because the costs of litigation can be out of proportion to the nature of the competing interests and the land itself.
It is important that you get advice as you become aware of any issues because a delay in doing so may severely limit your rights or extinguish them altogether.
How you can help us to help you
If you are in a dispute over property or have any property issue at all:
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You can give us a call us on (08) 8276 7955 to book an appointment
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You can also email us via our Contact page
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Download our questionnaire here and send it to us
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Book a time to see us via our client portal here
The first telephone and/or online consultation (up to 20 minutes) is always free and carries no obligation.
By giving us as much information as you can at the outset this will help us provide legal solutions to your problems as quickly and cost-effectively as possible – so you can get on with your life.
