Preston Law - Cairns Largest Law Firm

Lease Disputes

Commercial property is one of Preston Law’s largest practice groups.  Having acted for countless landlords and tenants across all sectors of commercial property, our team have developed unparalleled expertise in representing both landlords and tenants in lease disputes. 

If you are having a dispute in respect of a lease, we can help. 

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Our lawyers have extensive experience in lease disputes of all natures, including:

  • Recovery of rent;
  • Termination of leases and recovery of possession;
  • Interpretation disputes over rent;
  • Disputes regarding outgoings;
  • Signage disputes;
  • Maintenance disputes;
  • Incentive agreement disputes; and
  • Market review disputes.

Results for clients:

  • Acting for a landlord in successfully terminating and re-taking possession of premises occupied by a defaulting tenant. Following our involvement on behalf of the landlord, the tenant ultimately made good all arrears before entering into a new lease on more favourable terms for our client via a deed of settlement. 
  • Acting for landlord through an arbitration over market review rent. Our involvement saw our client successfully defend its position in respect of market rent and achieve a 30% increase the rental amount which was offered by the tenant.
  • Acting for tenant in resisting a rental arrears claim brought by a landlord on the basis of outgoings provisions. We successfully argued that the outgoings clause under the lease by which outgoings were recovered did not extend as far as the landlord asserted.
  • Acting for tenant in respect of rectification proceedings commenced by the landlord. In the proceedings, our client successfully resisted an attempt by the landlord to broaden the scope of an outgoings clause on the basis of an alleged rectification error. 
  • Acting for landlord in respect of rental arrears and the winding up of a tenant owing in excess of $250,000.00 in rent.
  • Acting for landlord in the recovery of tenant’s assets under the terms of a lease through the termination of multiple cascading leases under an umbrella arrangement deed.
  • Acting for landlord in respect of the successful recovery of over $350,000.00 in rental arrears without the need to commence proceedings via the use of security instruments.

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