In the ACT, a special tribunal has been formed within the ACT Magistrates Court to deal with leasing disputes. Different procedures apply in this Tribunal compared to normal civil proceedings. If you wish to commence proceedings in that forum, as either a landlord or a tenant, you will not usually be able to recover your legal costs from the other party, even if you are successful and you win your case.
Often, these claims involve a dispute concerning rent. In most leases, the payment of rent is a fundamental term of the lease, and therefore failure to pay rent results in proceedings for a possession order. There are strict rules set out in the legislation governing commercial leasing, and as a result there is a strong attempt to mediate in almost every case.
In the case of a tenant not paying rent, that tenant is generally pursued by the landlord with a degree of rigour, particularly where the commercial premises involved are subject to bank finance, which places pressure on the landlord to ensure that the outstanding rent is recovered promptly. In many cases, the failure of the tenant to pay rent regularly arises from a downturn in business which may be due to current economic circumstances, or problems associated with the cash flow of the business.
Please call Ashlee Berry today on 02 6280 8899 to arrange an appointment or to discuss your needs.