Commercial lease tenants – tips for avoiding disputes

Posted on May 5th, 2017

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Disputes between Landlords and Tenants in relation to Commercial Leases occur frequently and can cost both parties significant amounts of money both in losses and legal costs. 

As a Tenant, there are a number of things you can do to minimise the chances of a significant dispute arising and, if a dispute does arise, increase the chances of a positive result.

By following these simple tips, you can drastically minimise the chances of a lengthy and expensive dispute arising;

  1. Read the Lease – It may sound simple, however, it is surprising how often a Tenant doesn’t read the Lease that is provided to them and is unaware of what the terms of the Lease are. Prior to signing any Lease, you should make sure you have read the Lease and understands all the relevant terms.
  2. Take Photos – On the day you take occupation of the premises and on the day you vacate the premises, you should take detailed photographs of the premises and prepare/complete a condition report.
  3. All Correspondence in Writing – Throughout the term of the Lease if there is a need to contact the Agent or the Landlord all contact should be made in writing so that can be relied upon later. If a telephone conversation is necessary, it should be followed by written correspondence confirming the content of the telephone conversation.

By following these three (3) very simple tips, you will drastically increase your chances of a successful outcome if a dispute arises.

Should you have a dispute in relation to your Commercial Lease, we recommend you contact our office as soon as possible so that we may provide you with appropriate advices.

Lachlan Page is a Solicitor at Mullane & Lindsay and practises primarily in commercial litigation, commercial property transactions and estate planning and administration.  If you require any assistance in this area please contact Lachlan Page to arrange a consultation or contact our Newcastle office.

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