Resolution through mediation
Resolving a bond return and make good dispute
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 Queensland Small Business Commissioner (QSBC) process, we help both parties to understand and define the dispute. Generally, we discover it is not just a simple ‘bond refturn’ dispute – 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 help.
In the 2024-25 financial year, the Queensland Small Business Commissioner (QSBC) was able to resolve 71% of leasing disputes in an average of 36 days. Of the bond disputes or make good disputes we receive, many are resolved informally through the Assistance team or through our nationally accredited mediation services.
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. Entering negotiations with a clear understanding of the legal landscape enhances your ability to advocate for your interests effectively. Read our article on seeking legal advice.
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.
Retail shop lease bond disputes must be mediated by the QSBC before QCAT can make a decision
Mediation with the QSBC is typically the first step in seeking an order to resolve a retail shop lease dispute in Queensland. Read more about When to apply to the QSBC and when to go to QCAT.
Wondering ‘Do I have a retail shop lease?’ then read our article What is a Retail Shop Lease in Queensland. 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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