Protect Your Business. Resolve Your Lease Dispute.
Strategic legal intervention for Sydney landlords and tenants. Led by an Accredited Specialist in Property Law to protect your bottom line.
Why "General" Legal Advice Isn't Enough
Commercial leases in NSW are full of complex clauses, from make good provisions and outgoings audits to market rent reviews. When a dispute arises, you don’t need a generalist; you need a specialist who understands the nuances of the Retail Leases Act and the Conveyancing Act 1919.
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Accredited Expertise: We provide the high-level strategy usually reserved for big city firms, with the responsiveness of a boutique practice.
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NCAT & Mediation: We aim for cost effective mediation first, but we are formidable advocates if your matter proceeds to a hearing.
Why Tenants/Landlords Choose Royer Mace
Retail and Commercial Lease
We simplify complex lease agreements by analysing every financial and legal detail.
Lease Negotiation and Amendments
We assist clients in negotiating terms that reduce risk and improve long term commercial certainty.
Lease Disputes & Enforcement
We provide practical legal solutions and representation for lease disputes.
Clear Advice. Responsive Service. Confident Outcomes.
5 Critical Steps to Take When a Commercial Lease Dispute Hits
In the world of Sydney commercial real estate, a lease dispute isn’t just a legal headache, it’s a threat to your cash flow and business reputation. Whether you are a landlord facing a non paying tenant or a tenant facing an unfair eviction, how you act in the first 48 hours defines the outcome.
The "Paper Trail" is Your Best Evidence
In commercial law, “he said, she said” holds no weight. If you agreed to a rent reduction over a coffee, but it wasn’t documented in a Deed of Variation, it technically didn’t happen.
The Tip: Log every phone call and save every email.
Understand the "Notice to Remedy"
Before a landlord can re-enter a premises for a breach (other than non payment of rent), they must serve a Section 129 Notice. If this notice is technically flawed, the entire eviction could be illegal.
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The Tip: Have a specialist review the validity of any notice served on you immediately.
Retail vs. Commercial: Know the Difference
If your business is “Retail,” you have significant protections under the Retail Leases Act 1994. This includes mandatory mediation through the NSW Small Business Commissioner before you can even step foot in a court or NCAT.
The Tip: Identifying your lease category early saves months of wasted legal fees.
The "Make-Good" Trap
At the end of a lease, many landlords claim the premises haven’t been returned to their original state. These claims can reach six figures.
The Tip: Always refer back to the Condition Report attached to the original lease. If one doesn’t exist, the landlord’s claim is significantly weakened.
Strategy Over Ego
Litigation is expensive. Often, a strategic “without prejudice” offer or a structured settlement is better for your business than a multi year court battle.
The Tip: We prioritise commercial outcomes. We fight when necessary, but we settle when it’s smart.
"I’m incredibly grateful for the outstanding service Solon demonstrated during the process of taking over the business and negotiating with landlord under tight deadlines (within a week). His expertise, efficiency, clear communication and professional knowledge exceeded all my expectations. I highly recommend Solon to anyone seeking a reliable and skilled solicitor."
Frequently Asked Questions – Commercial Leasing
Retail Leases: Governed by the Retail Leases Act 1994. These offer significant protections to tenants (e.g., landlords cannot pass on Land Tax, and mediation is mandatory before litigation).
Commercial Leases: Governed primarily by the Conveyancing Act 1919 and the terms of the contract itself. These are “buyer beware” environments with far fewer statutory protections for tenants.
Expert Tip: Even if you aren’t a “shop,” your business might fall under the Retail Leases Act based on the specific services you provide. We verify this first to ensure you aren’t overpaying outgoings.
Yes, but they must follow a strict legal process. Under most NSW leases, if rent is unpaid for a certain period (usually 14 days), a landlord can exercise the right of re entry.
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The Catch: If the landlord breaches the peace or fails to serve the correct notices, the tenant may be able to claim “relief against forfeiture” in court and potentially sue the landlord for damages.
This is one of the most litigated areas of property law. A “make-good” clause usually requires the tenant to return the premises to the state they were in at the start of the lease. If you took over a space that already had a fit-out, you might inadvertently be agreeing to remove the previous tenant’s fit out at your own expense.
Expert Tip: Always insist on a Schedule of Condition (including photos) being attached to the lease to limit your liability at the end of the term.
Protect Your Business. Secure Your Position.
Don’t let a lease dispute threaten your cash flow.
Get an Accredited Specialist in your corner before the clock runs out. Request a Strategy Consultation with Royer Mace Lawyers
Level 22, Salesforce Tower, Sydney CBD
Accredited Expertise. Strategic Leverage. Commercial Results.
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