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Level 1, 11 Annand St, Toowoomba QLD 4350
Enterprise Legal
Enterprise Legal Enterprise Legal

Leasing & Tenancy Disputes

LEASING & TENANCY DISPUTE LAWYERS

Strategic Support for Retail, Commercial and Rural Lease Disputes

Real estate property model with lease agreement and keys, Queensland law firm focus.

Lease disputes can quickly escalate into costly and disruptive conflicts. Whether you’re a landlord seeking to recover unpaid rent or enforce a make good clause, or a tenant facing a breach notice or early termination pressure, early legal advice is key to protecting your position.

At Enterprise Legal, we represent landlords and tenants across Queensland in disputes involving retail, commercial, and rural leases. We provide clear, commercially focused advice and help resolve matters through negotiation, formal notice processes, and where necessary, tribunal or court proceedings.

We also offer fixed or capped fees wherever possible, including for lease enforcement actions, tenancy dispute resolution and QCAT representation.

If your concern relates to reviewing or preparing a lease (rather than a dispute), see our Leasing & Sub-Leasing page for those services.

Common Leasing Disputes in Queensland

In Queensland, leasing disputes often involve unpaid rent, breach of key obligations, or disputes about handover conditions and make good requirements. We assist with a wide range of lease-related issues, including:

  • rent arrears and operating expense disputes
  • unlawful lease termination or abandonment
  • breach of use or occupancy clauses
  • access and quiet enjoyment complaints
  • disputes about repairs, damage or maintenance
  • make good obligations and end-of-lease reinstatement
  • early termination negotiations
  • disputes over renewal rights or option notices

We advise both landlords and tenants and tailor our approach to suit the type of lease, the property involved and the commercial realities of the dispute.

Retail, Commercial and Rural Tenancy Disputes

Retail leases in Queensland are governed by the Retail Shop Leases Act 1994 (Qld). This legislation includes strict requirements around disclosure, dispute resolution, and the handling of rent and outgoings. We regularly assist clients with:

  • mandatory mediation for retail lease disputes
  • non-compliant disclosure documentation
  • disputes about permitted use, trading hours, or promotional levies
  • enforcement of tenant or landlord obligations

Commercial leases (such as for warehouses or offices) are not subject to the same legislation but still require careful navigation, particularly where bespoke clauses apply. Rural leasing disputes, involving agistment, grazing, water access or infrastructure use, often carry unique risks due to unwritten terms or long-standing informal arrangements.

Learn more about our work with landholders and rural business operators on our Farming Agreements page.

How We Help Resolve Disputes

We support our clients at every stage of a leasing dispute. Whether you’ve received a breach notice, want to exit a lease early, or need to recover losses from a non-performing tenant, we can help. Our services include:

  • issuing and responding to formal breach notices
  • negotiating variations, exits or payment arrangements
  • representing parties in retail tenancy mediation under the Retail Shop Leases Act
  • advising on lease enforcement strategies
  • appearing in the Queensland Civil and Administrative Tribunal (QCAT) or Queensland courts
  • assisting with lease handover disputes and make good claims

We also support clients who want to reduce future risk by reviewing key clauses or engaging us for proactive legal support through our Business Advisory services.

GOT A QUESTION?

Leasing & Tenancy Dispute FAQs

In a leasing or tenancy dispute in Queensland?

Book a consultation with our experienced lease dispute lawyers today and get practical advice tailored to your property and position.

Professional law firm consultation in Toowoomba, Queensland, specialising in property law.
What happens if a tenant doesn’t pay rent in Queensland?
Landlords must issue a formal breach notice allowing the tenant a chance to remedy the default. If they fail to do so, the lease may be terminated and compensation sought. We help landlords manage the process properly to avoid legal risk.
Can a lease be terminated early in Queensland?
Possibly, depending on the lease terms, any break clause, and the reason for the termination. We act for both landlords and tenants in negotiating early exits, assessing liability, and protecting future interests.
What is a make good clause and how is it enforced?
A make good clause requires the tenant to return the premises to a particular condition at the end of the lease. Disputes often arise about what’s “reasonable” or what was actually agreed. We help clarify the obligations and enforce or challenge them accordingly.
Is mediation compulsory for retail lease disputes?
Yes. Under the Retail Shop Leases Act 1994 (Qld), parties must usually attempt mediation before commencing legal action. We represent parties in these mediations and work to resolve the issue before further costs are incurred.
Do you handle rural lease disputes in Queensland?
Yes. We frequently assist with rural tenancy issues involving land access, agistment, infrastructure use, and informal leasing arrangements. See our Farming Agreements page for more information.