Your property, your rights
Property disputes are rarely only about money. They affect where people live, how a business operates and, often, a family’s largest asset. The law in this area is detailed, and taking the wrong step, such as changing the locks on an occupier, can leave you worse off than before.
We advise landlords and owners on recovering their property lawfully, and tenants and occupiers on their rights. We also help buyers and sellers understand and enforce the agreements they sign, and resolve disputes with bodies corporate, neighbours and contractors.
Evictions require a court order.
Locking out an occupier, removing their belongings or cutting off water or electricity without a court order is unlawful and can lead to urgent proceedings against you. Speak to us before you act.
How we help
Clear advice and decisive action, whether you own, rent, buy or sell.
Evictions
Lawful eviction proceedings under the PIE Act for residential and commercial property, from notice to court order.
Lease disputes
Arrear rental, breaches of lease, deposits, cancellation and the rights of landlords and tenants.
Sale agreements
Reviewing offers to purchase and resolving disputes over suspensive conditions, defects and cancellation.
Sectional title and HOAs
Disputes with bodies corporate and homeowners’ associations about levies, conduct rules and use of common property.
Neighbour disputes
Encroachments, nuisance, boundary walls and servitudes.
Building and contractor disputes
Claims arising from defective, incomplete or abandoned building work.
Who we act for
Owners and landlords
- A tenant who won’t pay or won’t leave
- Unlawful occupiers on your property
- Drafting a lease that protects you
- Disputes with buyers, contractors or neighbours
Tenants, occupiers and buyers
- Facing eviction or an unlawful lockout
- Deposit and repair disputes
- Understanding an offer to purchase before you sign
- Disputes with a body corporate or HOA
Common questions
General information only. Every matter turns on its own facts, so speak to us about yours.
How do I lawfully evict someone from my property?
You need a court order. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) sets out a specific process, including proper notice to the occupier and the municipality, and the court must be satisfied that eviction is just and equitable. We handle the whole process for you.
My tenant has stopped paying rent. What should I do first?
Usually the first step is a written letter of demand in line with your lease, giving the tenant an opportunity to pay. If the breach isn’t remedied, the lease may be cancelled, after which eviction proceedings can follow. Don’t change the locks or remove belongings yourself.
Is a signed offer to purchase binding?
Once both buyer and seller have signed a written offer to purchase, it is generally a binding agreement, subject to any suspensive conditions such as bond approval. Read it carefully, and ideally have it reviewed, before you sign.
Can my body corporate fine me?
A body corporate may impose penalties for breaches of its conduct rules, but only in line with the Sectional Titles Schemes Management Act and its own rules, and following a fair process. Many such disputes can also be taken to the Community Schemes Ombud Service.
