Resolution through mediation
The two most common topics of dispute that our Assistance team receives are security deposit returns and disputes over the responsibility for repairs and maintenance.
In a recent example, the tenant was moving out at the end of the lease term and the landlord did not have a security deposit in place. There were outstanding unpaid invoices from the make-good of the air-conditioning system and there were questions as to whether the system had been maintained by the tenant as required in the lease. The landlord requested mediation through the QSBC in the hope of reaching an agreement.
Through the QSBC process, we help both parties to understand and define the dispute. Generally, it is not just a simple ‘bond refund’ – many times it’s ensuring all make-good work and any associated bills are agreed upon and paid. Where further support is required to negotiate and resolve these outstanding issues, mediation can certainly help.
Of the bond disputes we receive, many are resolved informally through the Assistance team or through our nationally accredited mediation services.
Retail shop lease bond disputes must be mediated through the QSBC before parties can apply to QCAT for direction on the matter.
It is crucial for both tenants and landlords to be fully aware of their obligations under the lease agreement to prevent such disputes from occurring. Regular maintenance and the proper documentation of any changes or damages to the property can greatly simplify the process of returning a security deposit. This proactive approach encourages both tenants and landlords to maintain open communication lines and address concerns promptly, long before the lease ends.
By following these best practices, tenants and landlords can often resolve disputes amicably and avoid the more formal and time-consuming procedures like those at QCAT.
If you need help resolving this type of business dispute, view our range of fact sheets including Commercial lease bond and Make Good. Alternatively, get in touch with us today.
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To discuss your situation, and get connected with people that can help, reach out to our Assistance team.
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