Property Law

It is a starting point. Depending on the dispute, contracts, payment records, use of the property and relevant notices are also considered.

Timing, amounts and payment references are assessed alongside the agreement. Bank records, receipts and correspondence may help clarify the parties’ positions.

Lease or sale agreement; Payment and notification records; Title and property details. Organise these alongside a chronology. Agree how to share sensitive documents before the meeting.

The agreement is compared with actual use, payments, notices and title records. Negotiation, mediation and court options are considered for the particular request.

No. Recovery of rent arrears and recovery of possession are distinct claims. The lease, payment history, notices and the appropriate enforcement or court process must be assessed separately. Non-payment does not permit a landlord to remove a tenant directly.

Disputes arising from a lease generally require mediation before a lawsuit. Eviction through the relevant non-judicial enforcement procedure is a statutory exception. The nature of the debt, eviction request and any objection must be identified before choosing a route.

First review the co-owners, title records and options for agreed division or transfer. If no agreement is reached, dissolution of co-ownership may be considered, together with the pre-action mediation requirement. The court considers division in kind where possible and sale otherwise.

No. They rest on different legal grounds. The contract date, increase clauses, comparable rents and period of the claim must be examined before choosing a route.

An asserted need does not itself evict the tenant. Its genuineness, the contract, notices and statutory time limits must be assessed; a court route may be required.

Its validity depends on when and how it was signed, its date and the applicable application period. Possession of a document alone does not guarantee eviction.

The management plan, meeting decisions, fee statements, payments and dated records of the disturbance may matter. Pre-litigation mediation requirements should also be assessed.