Commercial Lease Dispute Lawyers Brisbane
Lease disputes move fast. A wrong step by either side can be costly and sometimes irreversible.
A landlord who re-enters without proper authority faces significant liability. A tenant who abandons without advice forfeits their deposit, their fit-out investment, and potentially faces a damages claim for the balance of the term. A rent dispute left unresolved gives the other side time and leverage.
Who We Act For
We act for both sides of a commercial lease dispute:
Landlords
Commercial and retail landlords enforcing lease obligations or recovering possession
Property owners and investors protecting income-producing assets
Developers dealing with tenant defaults during project transitions
Receivers and insolvency practitioners managing leases in distressed assets
Tenants
Commercial tenants facing lease termination, lockout, or disputed obligations
Retail tenants navigating QCAT proceedings or lease renewal disputes
Business owners facing make-good demands, rent reviews, or early exit disputes
Franchisees and multi-site operators managing lease exposure across a portfolio
If your lease dispute has real money at stake, speak to us.
Commercial Lease Disputes We Handle
Lease Enforcement and Breach
When one party fails to perform a lease obligation, the other must act carefully. Not every breach justifies termination. Serving a breach notice that is technically deficient, or purporting to terminate when there is no right to do so, can expose the party taking action to a counterclaim.
We advise landlords and tenants on:
- Whether a breach has occurred and whether it is capable of remedy
- Service of valid breach and remedy notices in the correct form
- Whether a right to terminate has arisen and how to exercise it without creating liability
- Defending unfounded breach allegations and resisting wrongful termination
- Pursuing or defending claims for damages arising from lease breaches
Re-Entry, Lockout and Recovery of Possession
Re-entry is one of the highest-risk actions a landlord can take. An unlawful lockout exposes the landlord to an urgent injunction, a damages claim, and liability for losses suffered by the tenant while excluded from the premises. The procedural requirements for lawful re-entry differ between commercial and retail leases and must be followed precisely.
We act for:
- Landlords seeking to recover possession lawfully following tenant default
- Tenants who have been locked out unlawfully and require urgent reinstatement
- Parties seeking or resisting injunctions over possession disputes
Rent Disputes
Rent disputes take several forms: non-payment, disputed rent reviews, disputes over outgoings, and claims for rental abatement where a tenant argues the premises were unfit or access was restricted. Each requires a different legal analysis.
We advise on:
- Recovery of unpaid rent and outgoings through court proceedings
- Disputed rent review determinations: fixed increases, CPI reviews, and market rent reviews
- Abatement claims where the tenant asserts loss of amenity or restricted access
- COVID-era and force majeure rent relief disputes where obligations remain contested
Retail Shop Lease Disputes
Retail shop leases in Queensland are governed by the Retail Shop Leases Act 1994 (Qld) (RSL Act), which imposes specific disclosure obligations, pre-lease requirements, and dispute resolution procedures distinct from general commercial lease law. QCAT has jurisdiction to hear retail lease disputes, subject to jurisdictional limits.
We advise on:
- RSL Act compliance and disclosure obligations
- Retail lease disputes in QCAT: procedure, evidence and advocacy
- Disputes over key money, fit-out contributions, and landlord works obligations
- Lease assignment and subletting disputes under the RSL Act
- Franchisee and franchised retail tenancy disputes
- Appeals from QCAT decisions to the Supreme Court
Lease Termination Disputes
Whether a lease has been validly terminated, whether either party had the right to terminate, and what the consequences of termination are, are among the most consequential questions in commercial tenancy law. The financial exposure on both sides can be substantial.
We advise on:
- Whether a termination notice was valid in form and properly served
- Repudiation: whether conduct by either party amounts to an election to no longer be bound
- Tenant claims for wrongful termination and loss of business
- Landlord claims for loss of rent following early departure or abandonment
- Surrender: whether conduct amounts to an implied acceptance of the tenant vacating
Make-Good Disputes
Make-good obligations require a tenant to restore the premises to a specified condition at the end of the lease. These disputes frequently arise because the scope of make-good obligations is ambiguous, the landlord’s expectations exceed the lease obligation, or the parties disagree on the cost of works.
We advise landlords and tenants on the proper interpretation of make-good clauses, the tenant’s actual obligations, and how to resolve disputes efficiently at the end of a tenancy.
Lease Options and Renewals
Disputes over the exercise of lease options, the terms of renewal, and whether an option has been validly exercised or inadvertently waived are more common than they should be. We advise on option exercise requirements, market rent determinations on renewal, and disputes over whether a lease has been renewed or extended.
Assignment, Subletting and Change of Use
Tenant attempts to assign a lease or sublet premises require landlord consent in most cases. Disputes arise when landlords withhold or delay consent unreasonably, or when tenants assign without obtaining consent. Change of use disputes arise where a tenant’s business activities exceed the permitted use specified in the lease.
We advise on the legal requirements for consent, the grounds on which a landlord can withhold it, and the remedies available where consent is wrongfully refused.
Lease Disputes in Insolvency
When a tenant enters administration, receivership or liquidation, leases become complex. The insolvency practitioner has specific rights and obligations in relation to leases. Landlords face uncertainty over possession, arrears recovery, and the treatment of the lease in the administration. We advise insolvency practitioners and landlords on the intersection of lease law and insolvency.
Served With Documents? Locked Out? Act Now.
If you have received a breach notice, a termination notice, or have been locked out of commercial premises, time limits apply. Delay limits your options. Contact us immediately for an urgent assessment.
We handle urgent lease matters including:
- Same-day advice on lockouts and re-entry disputes
- Urgent injunctions to restore possession or restrain threatened action
- Emergency rent abatement applications where access has been denied
- Rapid response to breach notices where a remedy period is running
Commercial Leases vs Retail Shop Leases: Key Differences
The legal framework that applies to your dispute depends on the type of lease. Getting the jurisdiction and procedure right from the outset avoids costly errors.
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Governing legislation
Dispute forum
Disclosure requirements
Key money
Assignment of lease
Lease term
Commercial Lease
General property law + lease terms
Magistrates Court, District Court or Supreme Court (by quantum)
No mandatory pre-lease disclosure
No restriction
Governed by lease terms
No minimum or maximum
- Retail Shop Lease
Retail Shop Leases Act 1994 (Qld)
QCAT (up to $750,000) or Supreme Court
Mandatory lessor disclosure statement required
Key money prohibited in most circumstances
RSL Act sets requirements and landlord’s grounds for refusal
No maximum; RSL Act provides certain protections on renewal
How We Work
Every lease dispute has a pressure point: a moment where leverage shifts and the outcome becomes clearer. We identify it early. Then we move.
Our process is direct:
- Confidential strategy call to assess your legal position under the lease and at law
- Clear advice on your options, realistic prospects, and likely costs at each stage
- Identification of the right forum: negotiation, QCAT, District Court, or Supreme Court
- Decisive action: breach notices, demand letters, urgent injunctions, or court proceedings
- Regular communication throughout, with commercial decision-making at every stage
Our principal holds QLS Specialist Accreditation in Commercial Litigation. Lease disputes require precision on the law, speed in execution, and a clear view of the commercial stakes. We bring all three.
Why Boyle Litigation
- Specialist commercial litigation firm: disputes only, no property management or leasing administration
- Principal is a QLS Accredited Specialist in Commercial Litigation
- Acts for both landlords and tenants: independent, strategic advice on the merits
- Experience across QCAT, Magistrates Court, District Court and Supreme Court proceedings
- Fast action when urgency demands it: lockouts, injunctions, breach notice responses
- Strategic focus: every step is designed around your commercial objective, not just the legal process
- Discreet by default: high-value property relationships require careful handling
Frequently Asked Questions
Can a landlord lock out a commercial tenant in Queensland?
Re-entry by a landlord is a high-risk step that must follow the correct legal process. For commercial leases, the landlord generally must serve a breach and remedy notice, allow the tenant time to remedy the breach, and then exercise the right of re-entry in accordance with the lease terms and property law requirements. An unlawful lockout exposes the landlord to urgent injunctive relief obtained by the tenant, an order for reinstatement of possession, and a claim for damages including business losses suffered during the period of exclusion. Seek advice before taking any step toward re-entry.
What can I do if I have been unlawfully locked out of my commercial premises?
A tenant who has been unlawfully excluded from commercial premises can apply to the Supreme Court for an urgent injunction requiring the landlord to reinstate access. Courts can grant these orders on very short notice where ongoing harm is being suffered. In addition to seeking reinstatement, the tenant may have a claim for damages for business losses caused by the unlawful exclusion. Speed is critical: contact us immediately if you have been locked out.
What is the Retail Shop Leases Act and does it apply to my lease?
The Retail Shop Leases Act 1994 (Qld) applies to leases of retail shop premises in Queensland where the premises are used wholly or predominantly for the carrying on of a retail business. The Act imposes specific disclosure obligations on landlords before the lease is entered into, limits the circumstances in which key money can be charged, and provides a dispute resolution framework through QCAT. Whether your lease is a retail shop lease under the Act depends on the nature of the premises and the use to which they are put. We can advise on whether the RSL Act applies and what rights and obligations flow from it.
What are my rights if a landlord refuses to consent to an assignment of my lease?
Under most commercial leases, a landlord cannot unreasonably withhold consent to an assignment of a lease. What constitutes unreasonable refusal depends on the lease terms and the circumstances. Under the Retail Shop Leases Act, there are specific grounds on which a landlord can withhold consent and a process that must be followed. Where a landlord refuses consent without proper grounds, or delays consent in a way that causes loss, the tenant may have a claim for damages. We advise on the specific rights that apply to your lease and can negotiate or litigate where consent has been wrongfully refused.
My tenant has abandoned the premises without notice. What are my options?
Where a tenant abandons commercial premises, the landlord faces a choice: accept the tenant’s conduct as a repudiation of the lease, terminate, and claim damages; or attempt to hold the tenant to the lease and sue for rent as it falls due. The right approach depends on the lease terms, the likelihood of recovering damages from the tenant, and the landlord’s ability to relet the premises. Abandonment also raises practical issues about securing the premises and documenting the tenant’s condition of departure. We advise on the correct legal response and help landlords maximise their recovery.
What does a make-good obligation require a tenant to do?
Make-good clauses vary considerably between leases. Some require a tenant to restore the premises to their original condition at lease commencement. Others require reinstatement to a specified standard or simply removal of the tenant’s fixtures and fittings. The scope of the obligation must be assessed against the specific wording of the lease and the condition of the premises at commencement. Disputes most commonly arise where the landlord’s expectations exceed what the lease actually requires, or where the cost of make-good works is disputed. We advise on what the clause requires and help resolve disputes before they escalate into costly proceedings.
How are commercial rent review disputes resolved?
Rent review disputes depend on the type of review mechanism in the lease. Fixed percentage reviews are rarely disputed. CPI reviews can give rise to disagreements over the correct index and calculation methodology. Market rent reviews are the most commonly disputed because they require an assessment of what the market would pay for comparable premises. Most leases contain a mechanism for resolving market rent disputes, often involving independent valuation. Where the process has broken down or is not operating as intended, the courts or QCAT can be engaged to determine the appropriate rent. We advise on the correct process and represent clients in contested rent review proceedings.
Do you act in lease disputes outside Brisbane?
Yes. Boyle Litigation is based in Brisbane and acts for clients across Queensland and nationally. Commercial lease disputes in Queensland are heard in QCAT and the state courts. We appear in courts and tribunals across Queensland and advise clients with lease portfolios in multiple locations.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.