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Why Might a Lease Dispute Occur?

A lease dispute can arise for various reasons during the lease term and even after it ends.

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The most common issues include:

  • late payments;
  • failure to meet property return conditions; 
  • disagreements over market rent reviews; and 
  • unresolved repair obligations by either the landlord or tenant. 

To avoid potential conflicts, it is essential to regularly review your lease agreement and ensure compliance with all outlined obligations. This article explores the key causes of lease disputes, their potential impact, and practical strategies for prevention and resolution.

Default on Lease Payments

A common breach of a lease agreement occurs when a tenant defaults on payments, including rent, outgoings, or other associated costs. In such cases, it is crucial to consult the lease for details on any default period. Determine whether the landlord must notify you to remedy the breach and if any interest could accrue due to the breach.

Repair and Maintenance Obligations

A tenant’s failure to meet repair obligations can also give rise to a lease dispute. This may happen for various reasons. For example, if damage to the premises results from your use or if damage has occurred previously but has not been addressed within a reasonable timeframe. Additionally, if the repair details are not clearly outlined in the lease, it can lead to confusion about which items each party is responsible for repairing. If you are ever uncertain about which items you or the landlord are responsible for, promptly bring this to their attention and inquire. Make sure to notify the landlord of any damage if required by the lease.

To avoid breaching the lease and triggering a dispute, keep the premises clean and tidy. Ensure that all services are maintained and serviced correctly to prevent them from falling into disrepair due to neglect. This includes the following:

  • air conditioning;
  • heating; 
  • water; and 
  • electrical items

The lease will specify which items you are obliged to repair, so refer to the lease when doing any repairs to the premises.

This obligation does not solely rest on you as the tenant. Landlords may also be required to repair the premises when they fall into disrepair. This is especially true for capital or structural repairs that were not caused by your actions. In such cases, depending on the lease, you may need to inform the landlord of any damage you are aware of. By doing so, the landlord can address the damage in line with their obligations. 

Rent Reviews

Another disputable item within leasing can arise when a rent review occurs, and the parties dispute the amount of rent payable. This commonly occurs in relation to market rent reviews, where a new rental figure is determined for the premises based on the marketable value of the surrounding properties. 

Where there is a dispute regarding the rental value, there may be a clause in the lease that governs the process of determining the market value of the premises. It may require the parties to engage with a third-party independent valuer to determine the new rental figure.

If you disagree with the landlord’s proposed rental figure, you should consult a professional to advise you of your obligations moving forward.

Make Good Requirements 

Disputes may also arise between a tenant and landlord when the lease outlines the obligations expected of the tenant at the end of the lease. This includes the condition in which the property should be returned.

When the lease concludes, this may require you to:

  • return the premises to the landlord in the same condition as they were received;
  • remove any fit-outs or fittings; or 
  • take your personal property.

A dispute may develop between the parties if the tenant has not fulfilled a specific make-good condition. It may also arise if the parties reach another agreement outside what the lease stipulates.

When a dispute occurs, you should consult the lease to understand your obligations regarding it. If you wish to avoid any potential disputes arising from this situation, checking the lease for the requirements before commencing any make-good works is advisable.

Key Takeaways

Lease disputes often stem from payment defaults, rent reviews, repair obligations, or make-good requirements. To avoid conflicts, tenants and landlords should regularly review lease terms, communicate clearly, and seek legal advice when needed. Understanding and adhering to lease obligations can help prevent disputes and ensure a smooth tenancy.

Frequently Asked Questions

Who is responsible for repairs and maintenance under a lease?

Responsibility for repairs depends on the lease terms. Tenants are usually required to maintain the premises and repair damages caused by their use. Landlords are typically responsible for structural or capital repairs unless stated otherwise in the lease.

What happens if there is a dispute over rent reviews?

If a market rent review leads to disagreement, the lease may require an independent valuer to determine a fair rental price. Consulting a professional for guidance can help ensure a fair resolution.

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Accounting & Taxation

We believe accounting services should be straight forward and stress-free. By providing cutting edge bookkeeping, accounting, taxation and financial solutions and using the right products for your record keeping, our team at Milton Advisory will work with you to understand your needs and help you achieve your goals, making it easier for you to manage your cash flow and meet your tax obligations.

While fiscal compliance is of the upmost importance, we at Milton Advisory also believe in offering management advice and support at all levels of our services. We are committed to offering the highest level of friendly and professional service and welcome the opportunity to work with you.

The areas we specialise in are as follows:

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Choosing your business structure is an important decision and Milton Advisory can consult with you and suggest the best structure for your business. There are four main business structures commonly used by small businesses in Australia. They are:

Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business. The structure is inexpensive to set up because there are few legal and tax formalities.
Partnership: an association of people or entities running a business together, but not as a company. A partnership is relatively inexpensive to set up and operate.
Company: a legal entity separate from its shareholders. It is a complex business structure, with set-up and administrative costs that are usually higher than for other business structures.
Trust: an entity that holds property or income for the benefit of others. Trusts require a formal trust deed that outlines how the trust operates, require the trustee to undertake formal yearly administrative tasks and if you operate your business as a trust, the trustee is legally responsible for its operations. A trustee of a trust can be a company, providing some asset protection.

Companies and Trusts are more complicated business structures but they have their advantages and Milton Advisory can discuss these with you. It is important to note that you can change your business structure throughout the life of your business.

We can also assist with:

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Milton Advisory has the experience and understanding of the legal and regulatory framework that applies to business entities and we can help you understand the myriad compliance programs and regulated obligations that affect your business/company. We will make sure your business/company meets all its obligations to ASIC (Australian Securities & Investments Commission), the ATO (Australian Taxation Office) and the SRO (State Revenue Office of Victoria). Compliance is of paramount importance but we also believe that management advice and support is a crucial aspect of corporate accounting.

We can assist with:

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Wealth creation, management and protection is a team sport. You need your team to consist of competent professionals and a high quality, well qualified and experienced financial planner should be top of the list.

A client needs to put in place the right strategies and structures, to create and protect wealth and then review these strategies and structures on a regular basis. That is because your circumstances and goals will change and so will the economy and the legislation relating to how your affairs are structured.

Milton Advisory maintain a close relationship with a local financial planner who we trust to help you navigate this important side of your finances.

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Self-Managed Superannuation

Setting up a Self-Managed Superannuation Fund is a major financial decision. We understand that you’re busy and that the SMSF rules are complicated. We will provide you with an end to end solution giving you access to all the support and expertise you need to ensure your SMSF is well managed and compliant.

A SMSF can have many advantages but, equally, you need to consider the reasons why a SMSF may not suit your needs. We can help you decide if this is the right option for you.

Advantages of a SMSF:

Having control of your retirement savings can lead to a deeper understanding of how your overall wealth is tracking, and gives you more confidence in your investment and lifestyle decisions.

You can have access to a broader range of investments. You can invest in the usual options such as shares, term deposits, managed funds and property but you can also hold alternative assets such as artwork, jewellery, antiques, and wine. There are though, very strict rules on holding the latter assets in your self-managed super fund.

You retain control while still being able to take advice from your advisors.

Beneficial tax planning strategies.

Greater flexibility for accessing Centrelink benefits such as the age pension.

But a SMSF is not for everyone:

If you have set up a self-managed super fund (SMSF), you are in charge and you make the investment decisions for the fund. You must also be aware that you are responsible for complying with superannuation and tax laws, maintaining records, providing financial statements, completing tax returns and organising an annual independent audit.

You also need time and expertise to run your SMSF.

Compliance is very important.

There can be up to 4 Trustees and their thoughts and ideas have to be included.

The ATO offers advice on the responsibilities of having a SMSF.

Milton Advisory offers advice on all SMSF services, including:

  • The setting up of a SMSF and all administration tasks such as preparation of your trust deed and the completion and lodgement of relevant ATO statements.
  • Superannuation consolidation.
  • Ensuring your SMSF is compliant with current superannuation laws and regulations
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  • If there is more than one member in your SMSF, we can offer advice on what will happen in the event of ill health, death, relationship breakdown, or waning interest.
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  • Audit of your SMSF
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Milton Advisory can take over all, or some of your bookkeeping activities allowing you to concentrate on growing your business.

Services we can offer include:

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Milton Advisory is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.miltonad.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don't guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

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Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

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Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

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You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Milton Advisory will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

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Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

george@miltonad.com.au

03 9008 4571