Retail Tenancy Unit Mediation 

When a dispute arises under a Retail Lease, the matter must be referred to Mediation before either party can instigate proceedings for relief. For instance, if the landlord claims he is owed rent, he must refer the matter to the RTU before he can begin legal proceedings. It involves making Application and paying a fee for the mediator. The mediator is appointed by the RTU and is independent of either party.

Mediation can settle the matter or it may fail to resolve it. If the matter is settled, terms of settlement are filed in the RTU. If the matter is not resolved, a certificate of Failed Mediation is issued. It is at this point that legal proceedings can commence either in the Administrative Decisions Tribunal or in some other jurisdiction.

Parties can attend in person, or be represented by a retail advisor or solicitor.

It is advisable for parties to be represented as issues may arise which may change the direction of the case.

In a recent matter that Retail lease Solutions was involved in, a landlord was seeking to recover money incorrectly paid to the tenant over 7 years ago. Under the Retail Leases Act, the matter was Statute barred and the landlord was unsuccessful as the claim was over 6 years old.

Landlords and tenants need representation in Mediation. Call Retail Leasing Solutions today for a no obligation free discussion.