Key Lessons for Commercial Property Landlords

Valuable insights from HTW Lawyers Gold Coast

Recent rulings in the Court of Appeal shed light on the critical responsibilities of landlords, especially concerning the leasing of commercial properties on the Gold Coast. Let’s delve into the insights gained from these cases.

The court’s unanimous decision in Victoria emphasised the duty of landlords to conduct thorough investigations into preventative maintenance regarding structural aspects of leased buildings. While the case originated in Victoria, its implications resonate strongly with Gold Coast landlords.

The case in question highlighted a scenario where the landlord’s neglect led to the termination of the lease by the tenant. Several pivotal factors influenced the court’s decision:

  1. Tenant Safety:  Issues such as falling render and tiles not only impeded the tenant’s use of the premises but also posed significant Work Health and Safety hazards.
  2. Professional Recommendations: The tenant proactively sought expert advice, including an engineering report recommending the engagement of a structural engineer to assess the situation.
  3. Timely Action: Despite eventually hiring a structural engineer, the landlord’s delayed response deprived the tenant of their right to quiet enjoyment of the leased space.

The court’s condemnation of the landlord’s behaviour, describing it as “a sad story of rank discourtesy” towards the tenant, underscores the gravity of the situation.

For Gold Coast commercial property landlords, these rulings offer invaluable lessons:

  • Proactive Maintenance: Conduct regular and thorough inspections, especially concerning structural integrity, to prevent issues from escalating.
  • Prompt Response: Address tenant concerns promptly and engage appropriate professionals to rectify any identified issues without delay.
  • Respectful Communication: Maintain open and respectful communication with tenants, acknowledging and addressing their legitimate concerns in a timely manner.

While this serves as a general guide, landlords should recognise that each situation is unique. Seeking legal counsel, from HTW Lawyers Gold Coast, before taking any significant actions is wise.


Ultimately, these rulings serve as a reminder to Gold Coast commercial property landlords to uphold their responsibilities diligently. By doing so, they not only protect their investments but also foster positive landlord-tenant relationships, contributing to a thriving leasing environment on the Gold Coast.


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The posts in this blog are published as general information only. They are not intended to nor do they constitute legal advice. HTW Legal Group strives at all times to provide users with accurate information but we do not guarantee that the information contained in this blog reflects accurately current law or procedure.

You should not act or refrain from acting in any matter based upon the information contained in this blog without first seeking the advice of a lawyer who practices in the area of law related to your matter. Do not hesitate to contact HTW Legal Group to make an appointment with one of our team of experienced lawyers to obtain advice tailored to your personal situation.