Dispute Resolution & Litigation

Lease Disputes —
Acting for Both Sides, Firmly.

Leasing disputes are among the most common — and most costly — commercial conflicts. Whether you are a landlord or a tenant, we act firmly and strategically to protect your position.

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What This Covers

How we handle leasing disputes in Queensland.

Lease disputes arise from rent arrears, breach of lease conditions, disputed outgoings, make-good obligations, unlawful termination, and many other issues. For retail leases, there are specific statutory procedures that must be followed — and failure to follow them correctly can undermine your legal position.

At LK William, we act for landlords and tenants in leasing disputes — providing clear, strategic advice and firm advocacy at every stage of the process, from initial correspondence through to court proceedings where necessary.

How we can help

Rent arrears — breach notices, recovery action, and enforcement

Lease termination advice — lawful and unlawful termination

Make-good dispute resolution and negotiation

Outgoings disputes and audit rights

Retail tenancy dispute — OSBC mediation and QCAT proceedings

Unlawful re-entry and emergency injunctions

The Process

How we manage a lease dispute.

From first notice to resolution.

01

Assessment & Advice

We review the lease and all relevant correspondence, assess your legal position, and advise on the most effective course of action.

02

Formal Notice

We issue the appropriate formal notices — breach notices, remedy notices, or termination notices — in the correct form and within the required timeframes.

03

Negotiation or Mediation

We pursue resolution through direct negotiation or, for retail leases, through the OSBC mediation process — often achieving resolution without court proceedings.

04

Formal Proceedings

If resolution cannot be achieved, we manage proceedings in QCAT or the Queensland civil courts — through to judgment and enforcement.

Key Considerations

Key considerations in Queensland lease disputes.

Correct Notice Requirements

In lease disputes, the form, content, and timing of notices is critical. A defective breach notice or termination notice can be invalid — potentially exposing you to liability or losing your right to act. We ensure every notice is correctly prepared and served.

Retail Lease Mandatory Mediation

Under the Retail Shop Leases Act, most retail lease disputes must be referred to the Office of the Small Business Commissioner for mediation before QCAT proceedings can be commenced. Failing to comply with this requirement can result in your proceedings being dismissed.

Unlawful Re-Entry

A landlord who re-enters premises without following the correct legal procedure commits an unlawful re-entry — exposing themselves to a claim for damages and potentially an injunction requiring them to allow the tenant back in. The law in this area is strict. We advise on lawful re-entry procedures.

Common Questions

Answers before you even ask

The first step is to issue a breach notice in the correct form, giving the tenant an opportunity to remedy the breach within the required notice period. If the breach is not remedied, you may be entitled to terminate the lease. However, the process must be followed precisely — errors in the notice can invalidate your right to terminate. We advise on the correct procedure and take action on your behalf.

A landlord cannot re-enter commercial or retail premises without following the correct legal process — which includes issuing proper breach notices and, in many cases, obtaining a court order. Changing locks or blocking access without following this process is an unlawful re-entry. You may be entitled to an emergency injunction requiring the landlord to allow you back in. Contact us urgently if this has happened to you.

A make-good dispute arises when a landlord and tenant disagree about the condition of the premises at lease end — whether the tenant has complied with their make-good obligations and how much any required works will cost. These disputes are often resolved through negotiation, but can proceed to mediation or court if agreement cannot be reached. We advise on your position and manage the resolution process.

Ready to Begin?

Let's make sure you
know exactly what
you're getting into.

Book a confidential consultation with our team. No pressure, no legal jargon — just a clear conversation about your matter and how we can help.

(07) 3523 3311 info@lkwilliam.com.au
Suite 2GC, Level 2, 199 George Street, Brisbane City QLD 4000