Property Disputes in Tenancy
25 May 2022 in Property Dispute Lawyers | 4 min read | skip to FAQsThis article discusses property disputes in tenancy. This refers to disputes between landlords and tenants in residential, commercial, and retail properties. Different types of leases require different lease agreements and are governed by particular legislation. Disputes may arise because the terms of the lease have been breached.
The resolution of disputes between landlords and tenants can be resolved through alternative dispute resolution or through tribunals and courts. The property dispute lawyers at Brander Smith McKnight Sydney Lawyers take great pride in their ability to resolve most property disputes through negotiation. This involves carefully listening to you and then formulating a negotiating strategy best suited to your problem. We recognise that there are many different ways of resolving property disputes and we can explain these and recommend the best option for you.
The role of Property lawyers in Property Disputes in Tenancy
Provide Legal Advice
An experienced disputes lawyer can explain the relevant legislation applicable to your lease dispute such as the:
- Residential Tenancies Act 2010 (NSW)
- Retail Leases Act 1994 (NSW)
- Civil and Administrative Tribunal Act 2013 (NSW)
They can explain the rights and obligations that are created by a lease agreement and the legal remedies available upon the resolution of the lease agreement. This may include injunctions, damages and specific performance.
Explanation & Representation in Dispute Resolution
A property dispute lawyer can clearly outline the various options available to resolve your property dispute. These include informal dispute resolution and the alternative dispute resolution legal avenues of negotiation, mediation, conciliation and arbitration. In addition, a lawyer can explain how the NSW Fair Trading Complaints Service the NSW Civil and Administrative Tribunal (NCAT) can resolve property disputes and finally, the role of litigation.
The dispute resolution lawyers at BSM Lawyer Sydney will explain the relative merits of these processes to your particular situation and can represent and effectively advocate for you via these processes.
Informal Dispute Resolution in property disputes in tenancy
A simple and cost effective way to resolve a lease dispute is for the landlord and tenant to attempt to resolve the dispute amongst themselves. If an informal resolution can be reached between a landlord and tenant, a property dispute lawyer can assist by putting the agreement in writing. This will help prevent future disputes.
Alternative Dispute Resolutions in property disputes in tenancy
The property dispute lawyers at BSM Sydney Lawyers are able to settle most disputes by negotiation. This involves listening and then carefully developing a negotiating strategy best suited to you problem. The method of negotiation may involve correspondence, providing offers of settlement or meetings which may include lawyers and clients. Other types of ADR are:
- Mediation is an alternative dispute resolution option where an independent mediator helps disputing parties settle their dispute among themselves. This is achieved by the mediator facilitating discussion between the landlord and tenant with the aim of achieving a mutually beneficial solution. Mediation is confidential and voluntary and mediators are independent and unable to make a binding decision. Mediation normally involve the mediator and respective lawyers and their clients.
- Conciliation is another alternative dispute resolution technique using an independent and impartial conciliator who may play an advisory role. Similar to mediation, it is voluntary, confidential and the conciliator is unable to make a binding decision. Conciliations normally involve the conciliator and respective lawyers and their clients.
- Arbitration is the most formal alternative to litigation. It allows disputing parties to have their dispute decided by an independent, neutral decision maker, called an arbitrator. The landlord and tenant put forward arguments and evidence that the arbitrator will assess and make a decision on. The process is private and subject to the parties agreement, can be confidential. The arbitrator is able to make a legally binding and enforceable decision, called an award.
Other Methods of Resolving Property Disputes in Tenancy
- NSW Fair Trading Complaints Service Residential lease disputes can be resolved through the NSW Fair Trading Complaints Service. A fair-trading officer can help resolve your dispute through the facilitation of discussion between the landlord and tenant and by providing the relevant information and impartial advice.
- NSW Civil & Administrative Tribunal (NCAT) A lease dispute can be resolved in the NSW Civil & Administrative Tribunal (NCAT). An experienced disputes resolution lawyer can help you achieve the best possible outcome in this tribunal. This involves making an application to NCAT, the meticulous preparation for the hearing and finally professionally and assertively representing you in the hearing. There are various orders that NCAT can make when resolving a dispute between a landlord and tenant. They include ending the lease agreement, compelling compliance with a term of the lease and ordering compensation for either the landlord or tenant.
Litigation in Property Disputes in Tenancy
Litigation refers to the process of resolving a dispute through the court system. It is the most formal and expensive process of reaching a property dispute resolution. Property dispute lawyers for the landlord and tenant argue their case in court before an impartial judge who makes a binding decision. There are several legal steps involved prior to the final court appearance called a hearing. These include filing or responding to a statement of claim, drafting, filing and serving a defence, attending a directions hearing and preparing evidence for the hearing.
BSM property dispute lawyers have extensive litigation experience and remain committed to resolving your property dispute as efficiently and inexpensively as possible throughout the litigation process. This involves developing an effective strategy for litigation and continuing to employ ongoing negotiation including making formal offers of compromise and interlocutory applications to the court where appropriate. Interlocutory applications are applications made during the proceedings to gain a tactical advantage. Examples include applications for summary judgement or security for costs.
Creating effective lease agreements to prevent future disputes
An effective and well drafted lease agreement can help avoid future property disputes. An experienced lawyer can negotiate the terms of a lease agreement on your behalf and meticulously draft a comprehensive agreement that minimises the potential for disputes between landlords and tenants.
How can BSM Sydney Lawyers assist you?
The property dispute lawyers at BSM Lawyer Sydney have extensive experience and expertise with property disputes between landlords and tenants at all levels. We are committed to achieving the best possible outcome for you in the most cost effective way. We pride ourselves on resolving the vast majority of disputes through negotiation. We can also advise and represent you through the more formal forms of alternative dispute resolution of mediation, conciliation and arbitration.
If litigation is required, our lawyers have outstanding advocacy experience in all tribunals and courts, including the Local Court, District Court and Supreme Court.
The senior property dispute lawyers at BSM Sydney Lawyers offer a free 20-minute, no obligation consultation.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
FAQs
What is the difference between Informal and Alternative Dispute Resolution?
Informal dispute resolution is a simple and cheap way for 2 parties to resolve any dispute, including one between a landlord and tenant. Put simply, the parties get together and attempt to resolve the dispute amongst themselves.
Alternative dispute resolution (ADR) is a legal umbrella term that refers to dispute resolution that does not involve litigation, meaning going to court to resolve the dispute. It often includes lawyers for both parties. The most common types of ADR are mediation, negotiation, conciliation and arbitration.
What are the types of Alternative Dispute Resolution?
- Mediation: This is where an independent mediator helps disputing parties settle their dispute among themselves. This process is confidential and voluntary and independent mediators are unable to make a binding decision.
- Conciliation: This is where an independent and impartial conciliator, may play an advisory role. As with mediation, it is voluntary, confidential and there is no binding decision made.
- Arbitration: This is the most formal alternative to litigation. It allows disputing parties to have their dispute decided by an independent, neutral decision maker, called an arbitrator. Each party puts forward arguments and evidence that the arbitrator will assess and make a legally binding decision, called an award.
- Negotiation: This is usually done by lawyers who develop a negotiating strategy best suited to your particular situation. The methods may involve verbal and written correspondence, providing offers of settlement, meetings or informal settlement conferences.
The lawyers at BSM Sydney Lawyer pride themselves on their negotiation skills and achieve excellent results. We offer a free 20-minute consultation to discuss your case.
Does NCAT play a role in Tenancy Disputes?
Yes. A lease dispute can be resolved in the NSW Civil & Administrative Tribunal (NCAT). An experienced disputes lawyer will make an application to NCAT, meticulously prepare for and assertively represent you in the hearing. There are various orders that NCAT can make, such as ordering compensation.
The lawyers at BSM Sydney Lawyer have extensive experience with NCAT and achieve outstanding results.
BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.
About the Author
Cooper AgnewBachelor of Laws I Bachelor of Economics & Finance with Distinction I Graduate Diploma of Legal Practice I Admitted to the Supreme Court of NSW & the High Court of Australia
View profileCooper Agnew is a commercially minded lawyer who graduated from the University of Wollongong with a Bachelor of Laws and Bachelor of Economics and Finance with Distinction. Cooper has experience working across corporate and commercial matters, civil disputes in an advisory capacity through to litigation. His dual qualification provides him with a strong foundation in both legal principles and understanding of complex financial concepts, allowing for a comprehensive understanding of a range of commercial and corporate matters. Cooper is recognised for his strong communication skills, meticulous attention to detail and proactive approach to resolving legal challenges. He has knowledge of and experience with the legislation relating to property disputes in tenancy.
