Commercial Property and Leasing Disputes

As a firm of commercial lawyers, Szabo & Associates, Solicitors, have a property disputes team with a wide breadth of experience in advising on property matters. We can assist clients, both landlords and tenants, with all aspects of property law and help your business to resolve disputes that may arise associated with the rights to own or use commercial property. Our lawyers are skilled in litigation as well as a range of alternative dispute resolution mechanisms to ensure you achieve the most appropriate, cost-effective solution.

Property issues can take a number of forms including opposed and unopposed lease renewals and extensions, break clauses to forfeiture and lease surrender. Examples of potential disputes, which we can assist with, include:

Forfeiture and possession proceedings

Most tenancy agreements allow landlords to terminate a lease in certain circumstances such as a breach of the lease terms. However, the termination may be unfair, in which case it is possible to commence an action in the courts for “relief against forfeiture”. What is considered unfair depends on the circumstances but you may be able to remain in the property if it can be shown that the decision to terminate was unfair and the circumstances will not be repeated. Commencing legal action needs to be done quickly with expert legal assistance.

Alternatively, if you need to end your lease, we can talk you through your options and guide you to a suitable outcome.

Co-ownership issues

Co-ownership of a property can lead to disputes such as when one party wishes to sell but the other party does not. It is possible to approach the Supreme Court to allow the property to be sold by appointment of a “trustee for sale” who will sell the property and distribute the proceeds among the owners.

Disputes may also arise in managing co-owned property because of differing views and approaches to problems that come up. It may be necessary to involve the courts to ensure obligations are met.

Rent reviews

Rent reviews are inevitable but not always well-received by cost-sensitive tenants and, therefore, need to be handled tactfully. We can advise in negotiating rent reviews and handling contested reviews to help maintain a positive relationship between landlord and tenant.

Dilapidations

Schedules of dilapidations are often the cause of commercial property disputes between landlords and tenants particularly on termination of the lease.

Contact our Commercial Property Dispute Lawyers Sydney, NSW

Commercial property disputes can be stressful and demanding but are a common part of property ownership. Whether you are a commercial landlord, tenant or managing agent, Szabo & Associates, Solicitors, has the experience and commercial know-how to achieve a successful outcome that is right for you, whichever side of the argument you find yourself on. We believe in taking a commercial and pragmatic approach to all commercial property disputes and finding the way that is likely to deliver the desired result within the shortest timeframe for our clients. If you need our help please contact us on 02 9281 5088 or fill in our online contact form.

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