Retail lease disputes
Disputes between landlords and retail tenants will over payments, access, interruptions, renovations, makegood, misleading conduct, repairs & replacements can all be adjudicated in QCAT but only after the parties have been through mediation with the Small Business Commissioner.
A lease is a legally binding contract wherein the landlord allows the tenant (this is you, as the business owner) to occupy certain premises — subject to certain terms and conditions agreed upon by both parties.
In Queensland, a lease agreement qualifies as a retail shop lease if your business falls into any one of these two conditions:
- It is in a Retail Shopping Centre (which is a place where five or more retail shops are located -such as shopping malls or arcades), or
- It is used wholly or partly for carrying on a Retail Business.
QCAT and the SBC apply the Retail Shop Leases Act, Property Law Act, and the law of contract to resolve disputes.
SBC assistance requests can be lodged through its website.
If you are not happy with the outcome of the SBC mediation process, a QCAT application can be made.
QCAT can decide on Retail Shop Lease disputes up to $750,000.
Please submit details of your circumstances so we can advise you on the best means of seeking resolution.