Commercial leasing

Lease disputes in Victoria.

Rent arrears, repairs, outgoings, breach notices, lockouts and make-good claims are the most common disputes between landlords and tenants. CMK Legal acts for both sides in Melbourne, through Small Business Commission mediation, at VCAT and in court, with an eye on the commercial outcome rather than the fight.

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Solicitor-reviewed

Advice from a lawyer who runs these matters at VCAT.

Fast turnaround

Urgent matters, including lockouts, dealt with same day.

Fixed fee, quoted first

Costs estimated before each stage of the dispute.

Victorian leasing law

VSBC mediation and VCAT procedure handled for you.

The disputes we deal with.

Most leasing disputes fall into a handful of categories: unpaid rent and outgoings, disputed outgoings reconciliations, repair and maintenance responsibility, defective or contested breach notices, unlawful re-entry or lockout, disputed market rent reviews, refused consent to assignment, and end-of-term make-good claims.

Retail lease disputes in Victoria generally must go to the Victorian Small Business Commission for mediation before VCAT will hear them. Commercial disputes may go to VCAT or the courts depending on the amount, the relief sought and the terms of the lease.

We advise early on the strength of the position, the likely cost, and whether a negotiated resolution, a repayment plan, a rent variation, a surrender, or a capped make-good payment, beats the litigated outcome.

Do not change the locks, withhold rent or abandon premises before getting advice. Self-help remedies frequently convert a defensible position into a liability.

Why early advice changes the outcome.

Breach notices must be valid to be effective

A notice that misstates the breach, gives insufficient time or is served incorrectly will not support termination, and acting on it can expose the landlord to a damages claim. We check validity before anyone escalates.

Mediation resolves most matters faster and cheaper

The Victorian Small Business Commission process is compulsory for most retail disputes and is genuinely effective. Well-prepared parties settle there; unprepared ones pay for VCAT.

Arrears can be recovered without losing the tenant

For landlords, a documented repayment deed with security often produces more money than re-entry and a vacant shop. We model both outcomes before recommending one.

Your position is preserved while you negotiate

Reservation of rights, correct notices and careful correspondence keep your options open. Loose emails and informal arrangements can waive rights permanently.

Talk to us urgently if.

  • You have received or want to issue a breach notice
  • Rent or outgoings are in arrears
  • The landlord has changed the locks or threatened re-entry
  • Repairs are being refused and trading is affected
  • The outgoings reconciliation looks wrong
  • A market rent review is in deadlock
  • Consent to assignment has been unreasonably refused
  • A make-good claim has been made at the end of the term

Bring us the lease, the correspondence and the ledger. Most disputes are decided on the documents, and an accurate picture of what was actually said and paid usually shortens the argument considerably.

How we run a lease dispute.

  1. 01

    Position assessment

    We review the lease, the notices and the ledger and give you a candid view of the strengths, risks and likely cost.

  2. 02

    Immediate protective steps

    Where needed, we serve or answer notices, reserve rights and stop the situation deteriorating.

  3. 03

    Negotiated resolution attempted

    A commercial proposal is put, repayment, variation, surrender or payment, before costs escalate.

  4. 04

    Small Business Commission mediation

    For retail disputes we prepare the application, the position paper and represent you at mediation.

  5. 05

    VCAT or court proceedings

    If mediation fails, we issue or defend proceedings and run the matter through to hearing.

  6. 06

    Enforcement or implementation

    Orders are enforced, or the settlement deed is implemented and the tenancy put back on a proper footing.

Fees for lease disputes.

Initial advice on your position is provided for a fixed fee. Mediation and VCAT work is staged, with a written estimate before each stage so you can decide whether to continue based on the commercial return, not the principle.

Request a fixed-fee quote

FAQs

Lease dispute FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Do I have to go to the Small Business Commission first?
For most retail tenancy disputes in Victoria, yes, VCAT generally will not hear the matter unless the Commission has certified that mediation has failed or is unlikely to resolve it. Mediation is inexpensive and settles a large share of matters.
Can a landlord lock out a tenant for unpaid rent?
Re-entry is available in defined circumstances and only if the lease and the statutory notice requirements are followed exactly. Getting it wrong exposes the landlord to a damages claim for unlawful eviction, so it should never be done without advice.
Can I withhold rent if the landlord will not do repairs?
Almost never. Withholding rent usually places the tenant in breach even where the landlord is also in breach. The right path is a formal demand, then compensation or specific performance through the dispute process.
How long do VCAT lease matters take?
Mediation is usually arranged within a few weeks. A VCAT hearing typically follows several months later depending on the list and the complexity, though urgent applications can be expedited.
Who pays legal costs in a lease dispute?
VCAT ordinarily makes no order for costs in retail tenancy matters, meaning each side bears its own. That reality is a strong argument for resolving matters commercially and early.
Can I just walk away from the premises?
Abandoning premises does not end the lease. The landlord can claim rent for the balance of the term, subject to mitigation. A negotiated surrender, even one where you pay something, is almost always cheaper.

Related services.

Make-good obligations

What you must return the premises to at the end of the term, and what you can resist.

Learn more

Retail Leases Act advice

Whether the Act applies to your premises, and what it changes for both sides.

Learn more

Lease renewal & option exercise

Exercise your option on time and on the right terms, or renegotiate a new term.

Learn more

In a dispute with your landlord or tenant?.

Start online or book a consultation with a CMK Legal leasing disputes solicitor in Richmond, Melbourne.

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