Lease Disputes & Mediation
The Retail Leases Act provides for all disputes to go to mediation before proceedings can be commenced.
Prior to resorting to formal mediation, an informal meeting is often worthwhile.
Negotiating skills are very important in these situations. The emotion must be taken out of the equation and hard facts must be put forward in a convincing manner. Just because you believe you have grounds does not mean that the Tribunal will agree.
Frank and open exchange of views, demonstrating how you have been affected by the problem, listening to the other person’s point of view and demonstrating a willingness to resolve the problem are all factors in succeeding in mediation.
A negotiated agreement can be anything the parties decide. A reasonable landlord or managing agent may want to resolve the problem without going any further and spending money on attendance at the Tribunal. As soon as the problem arises, contact the landlord by phone and follow up with a letter or email. Always keep a copy of all correspondence.
An application to the Retail Tenancy Unit for mediation will involve completing the form and paying a fee. A date is then set down when the parties are obliged to attend mediation. The mediator is appointed by the RTU and is independent. His job is to reach a resolution on the day. Further discussions can continue after mediation and a settlement can be reached at that point. The agreement is then put in writing and provided to each party. If the matter cannot be negotiated then the matter may proceed to Administrative Decisions Tribunal. At this point, it is imperative to get sound experienced advisor on board who can also attend on your behalf at the Tribunal. Retail Lease Solutions can be there for you at a cost which is surprisingly low compared to what a lawyer would charge. We will gather evidence through statements and correspondence, look at the facts, consider your rights under the Retail Leases Act and ensure the best argument is put forward before the Judicial Member of the Tribunal.
Always keep on good terms with your landlord. You rely on him to be reasonable when it comes to repairs & maintenance, rent reviews, granting Options and new Leases and a host of other matters. Once things become legal, the more expensive the end result will be. When you get into a dispute with your landlord, do not stop paying rent. This is an essential breach of Lease which may result in you being locked out and the Lease terminated. You may lose your business and your financial obligation to continue to pay rent does not stop.