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Property Law and Commercial Lease

Citilawyers is a Sydney CBD law firm acting for businesses, landlords, tenants, property owners, and investors in property law and commercial lease matters across New South Wales. Our property lawyers focus on dispute resolution, lease negotiations, and complex property litigation, with particular experience in commercial and retail leasing disputes. We appear in the Local Court, District Court, Supreme Court of New South Wales, and the NSW Civil and Administrative Tribunal (NCAT) on property matters.

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When Should You Contact a Property Lawyer?

Contact our Sydney property lawyers as early as possible if any of the following apply:

  • You are a landlord or tenant in a commercial or retail lease dispute
  • A lease has been breached and you need to enforce or defend your rights
  • A landlord has locked out a tenant or threatened termination
  • You have received a Notice of Breach or termination notice under a lease
  • You are negotiating, drafting, or reviewing a commercial or retail lease
  • You are involved in a co-ownership dispute and one party wants to sell
  • A neighbour’s building, fence, tree, or work encroaches on your property
  • You are dealing with an easement, right of way, or covenant dispute
  • A property defect has been discovered after settlement
  • You are facing a strata dispute or have issues with common property
  • You need to enforce a Heads of Agreement before a formal lease is signed

The earlier you obtain legal advice the more options you have and the lower your costs are likely to be.

Commercial and Retail Lease Disputes

Commercial and retail lease disputes are one of our primary areas of focus. We act for both landlords and tenants across the full range of leasing issues in Sydney and across NSW.

Common matters we handle include:

  • Breach of lease (issuing and responding to Notices of Breach)
  • Non-payment of rent and recovery of arrears. For a detailed analysis of lease abandonment in NSW, see our article on lease abandonment.
  • Lockout and unlawful termination disputes
  • Rent review and rental determination disputes
  • Outgoings, repairs, and make-good obligations
  • Assignment, subletting, and transfer disputes
  • Lease renewal and option exercise issues
  • Disclosure obligations under the Retail Leases Act 1994 (NSW)
  • Disputes under commercial leases governed by common law and the Conveyancing Act 1919 (NSW)
  • Mediation under the NSW Small Business Commissioner scheme
  • NCAT applications for retail tenancy matters
  • Supreme Court proceedings for commercial lease disputes

Where lease disputes involve an insolvent tenant or landlord, including liquidator disclaimer of leases and proof of debt in insolvency proceedings; see our insolvency and bankruptcy lawyers Sydney page.

Retail vs commercial leases: these are treated very differently under NSW law. Retail leases attract specific statutory protections under the Retail Leases Act 1994, including mandatory disclosure statements and compulsory mediation before NCAT or court proceedings. Commercial leases (typically for office, industrial, or warehouse space) are governed by the common law and the Conveyancing Act 1919, with significantly less statutory protection for tenants. Getting this characterisation right at the outset of any dispute is critical.

A stack of neatly organized legal property documents and contracts, representing thorough conveyancing and legal due diligence.

Commercial and Retail Lease Disputes

Commercial and retail lease disputes are one of our primary areas of focus. We act for both landlords and tenants across the full range of leasing issues in Sydney and across NSW.

Common matters we handle include:

  • Breach of lease (issuing and responding to Notices of Breach)
  • Non-payment of rent and recovery of arrears. For a detailed analysis of lease abandonment in NSW, see our article on lease abandonment.
  • Lockout and unlawful termination disputes
  • Rent review and rental determination disputes
  • Outgoings, repairs, and make-good obligations
  • Assignment, subletting, and transfer disputes
  • Lease renewal and option exercise issues
  • Disclosure obligations under the Retail Leases Act 1994 (NSW)
  • Disputes under commercial leases governed by common law and the Conveyancing Act 1919 (NSW)
  • Mediation under the NSW Small Business Commissioner scheme
  • NCAT applications for retail tenancy matters
  • Supreme Court proceedings for commercial lease disputes

Where lease disputes involve an insolvent tenant or landlord, including liquidator disclaimer of leases and proof of debt in insolvency proceedings; see our insolvency and bankruptcy lawyers Sydney page.

Retail vs commercial leases: these are treated very differently under NSW law. Retail leases attract specific statutory protections under the Retail Leases Act 1994, including mandatory disclosure statements and compulsory mediation before NCAT or court proceedings. Commercial leases (typically for office, industrial, or warehouse space) are governed by the common law and the Conveyancing Act 1919, with significantly less statutory protection for tenants. Getting this characterisation right at the outset of any dispute is critical.

Acting for Landlords

We assist commercial and retail property owners with:

  • Drafting and reviewing new lease agreements
  • Enforcing landlord rights under existing leases
  • Tenant non-compliance, including issuing Notices of Breach
  • Recovery of arrears and possession
  • Lease assignments on the sale of a property
  • Mediation, NCAT, and Supreme Court representation

We help landlords protect rental income and the value of their property investments while complying with the strict procedural requirements of NSW lease law.

Acting for Tenants

We assist business tenants with:

  • Reviewing and negotiating proposed lease terms before signing
  • Identifying risks in landlord-favourable lease drafting
  • Defending Notices of Breach and termination threats
  • Disputing rent reviews and outgoings claims
  • Lockout and unlawful eviction matters
  • Assignment, sublease, and exit negotiations
  • Disclosure failures under the Retail Leases Act

For business buyers, see our guide to buying a business lease in NSW. Many tenants come to us mid-lease with issues that could have been avoided with proper legal advice before signing. Even where a dispute has already arisen, early legal intervention often produces significantly better outcomes than waiting. For broader business and commercial contracting advice, including supply agreements and consumer law matters that often intersect with leasing, see our commercial lawyers Sydney page.

Other Property Disputes We Handle

Beyond commercial leasing, our property lawyers act in a wide range of property litigation matters across NSW:

Co-ownership and partition disputes: Where joint tenants or tenants in common cannot agree, particularly where one party wants to sell and the other refuses. We advise on co-ownership agreements, negotiated buyouts, and partition applications under section 66G of the Conveyancing Act 1919.

Boundary and encroachment disputes: Where a neighbour’s building, structure, or fence encroaches on your land, applications can be made to the Supreme Court of New South Wales under the Encroachment of Buildings Act 1922 (NSW). Remedies include compensation, transfer of land, or removal of the encroachment.

Easements, covenants, and rights of way: We advise on the creation, variation, and enforcement of easements and restrictive covenants, including applications under section 88K of the Conveyancing Act 1919.

Strata disputes: Disputes between lot owners, the owners’ corporation, or strata managers, including issues with by-laws, common property, levies, and building defects in strata schemes.

Neighbour and tree disputes: Disputes under the Trees (Disputes Between Neighbours) Act 2006 (NSW), nuisance claims, and dividing fences disputes.

Post-settlement disputes: Where defects, undisclosed issues, or contractual breaches arise after settlement of a property purchase. Where post-settlement defects relate to building work, our advise on Home Building Act warranty claims and NCAT proceedings; check our building and construction lawyers Sydney page.

Caveats: Lodging, removing, and disputing caveats over Torrens title property.

Our Approach to Property Disputes

We approach every property matter with a clear focus on commercial outcomes. Litigation is often expensive and disruptive, so we look first to negotiation, mediation, and the dispute resolution mechanisms built into NSW property legislation — including the mandatory mediation requirements for retail lease disputes under the Retail Leases Act 1994.

Where formal proceedings are required, we are experienced advocates in the Local Court, District Court, Supreme Court of New South Wales, and NCAT. We advise on the right forum for your matter at the outset and provide clear guidance on costs, prospects, and likely timeframes. For broader civil litigation matters, including non-property commercial disputes and debt recovery, see our Sydney litigation lawyers page.

Areas We Assist

Our property lawyers act for clients throughout Sydney and across New South Wales, including Parramatta, Chatswood, North Sydney, Liverpool, Penrith, Ryde, Bondi Junction, Inner West, Sutherland Shire, Hornsby, Burwood, Bankstown, Manly, and Newtown, as well as commercial property owners and tenants in regional NSW.

We appear in the Local Court, District Court, Supreme Court of New South Wales, and the NSW Civil and Administrative Tribunal (NCAT) on property matters, and we attend mediations conducted by the NSW Small Business Commissioner.

Contact Our Sydney Property Lawyers

If you have a commercial lease dispute, property dispute, or complex property law matter in NSW, contact Citilawyers today. Our property lawyers will assess your matter and advise you on the best path forward.