A lease is a legally binding contract that sets out the rights and obligations of the owner of property (known as the landlord or lessor) and a third party that has agreed to occupy the property (known as the tenant or lessee) for a set term. It is very important that landlords and tenants full understand their rights and obligations with respect to both commercial leases and residential tenancy agreements.
Rowe Bristol Lawyers recommends that, where appropriate, prior to commencing litigation, clients first attempt to resolve lease disputes. This will often result in a quicker and more cost effective outcome. That being said, so as to reach the best outcome, we recommend that clients receive legal advice before and during such negotiations, including in respect of:
- the strengths and weaknesses of their claims and any potential counterclaims of the other party;
- quantification of their claims and any potential counterclaims of the other party;
- prospects of success of each party if legal proceedings are commenced; and
- estimates of legal costs and time to determination, if legal proceedings are commenced.
If the parties are unable to resolve their lease dispute informally, Rowe Bristol Lawyers has extensive experience at providing legal advice and services in relation to:
- to the terms of lease agreements and breach of the terms of the lease agreement;
- enforcing the terms and conditions of lease agreements;
- representing clients in lease disputes at the Magistrates Court, District Court and the Supreme Court of Western Australia;
- drafting binding deeds of settlement and deeds of confidentiality to ensure that the clients’ rights are protected upon full and final settlement of disputes.
If you require legal advice in relation to any leasing related matter, please do not hesitate to contact us to arrange a meeting so that we may consider your specific circumstances.
The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.