How to File for NSW Small Business Commissioner Mediation to Resolve Sydney Commercial Lease Disputes

A commercial lease can be one of the largest fixed commitments a small business takes on.The problem usually starts when something changes.

The landlord proposes a higher rent. An outgoings bill arrives that the tenant did not expect. A repair is left unresolved. A renewal becomes difficult. A termination notice is issued. Or a redevelopment plan puts the future of the business at risk.

For a Sydney business, the answer is not simply to search for a general “commercial lease law” article online.The first question is more important:

What type of lease do you actually have, and which NSW rules apply to it?

That distinction can change the dispute process, the protections available to the tenant and the steps that must be taken before a matter reaches a tribunal or court.This guide focuses on NSW law and the official dispute-resolution pathways available to businesses in Sydney.

Important: This is general information, not legal advice. A lease is a legal contract, and the exact wording of the lease and the facts of the dispute matter.

1. Start by Identifying Your Lease

Not every business premises is treated in the same way.

A shop, café or other retail business may fall within the Retail Leases Act 1994 (NSW). Other business premises may instead be governed mainly by the lease contract and general contract and property law.

The NSW Small Business Commissioner’s current Retail Tenancy Guide explains that the Retail Leases Act applies subject to its statutory requirements and exclusions. Among other requirements, the legislation can apply to qualifying retail premises under 1,000 square metres, with additional rules concerning the type of retail business and shopping-centre premises.

Do not decide that a lease is “commercial” simply because the lease document uses that word.

Retail lease or other commercial lease?

The safest approach is to establish the legal category before arguing about the dispute itself.

2. Why the Lease Document Matters So Much

A commercial lease is not just a document showing how much rent you pay.

It may determine:

• how rent increases;
• when rent is reviewed;
• which outgoings you must pay;
• who repairs particular parts of the premises;
• insurance obligations;
• permitted use;
• make-good obligations;
• renewal options;
• assignment or transfer rights;
• relocation provisions;
• demolition provisions;
• default procedures; and
• termination rights.

The NSW Small Business Commissioner’s guidance specifically recommends keeping the signed lease, disclosure statement, condition report, photographs and records of communications.

Build a lease dispute file

Do not rely on phone conversations alone when a dispute is developing. Put important matters in writing.

3. Rent Increases and Market Rent Reviews

Rent reviews are among the most important provisions in a business lease.

A lease may provide for a fixed percentage increase, CPI-based adjustment, market review or another agreed method. The NSW Small Business Commissioner’s guidance specifically notes that the lease should identify the method used for changing rent.

That means a tenant should not look only at the new dollar figure.

Look at how the figure was calculated.

Check these points

Market rent review

For a qualifying retail lease, if the rent is to be reviewed to current market value and the parties cannot agree, the Retail Leases Act provides a process involving a specialist retail valuer.

The NSW Small Business Commission appoints the valuer, and the lessor and lessee share the valuation cost. The Commission currently warns that specialist valuation costs can be substantial, including approximately $3,000–$5,000 per party, and potentially more for complicated valuations.

That is very different from saying that a landlord can simply choose a new market rent and impose it without following the lease and applicable law.

4. Outgoings: Check the Bill, Not Just the Total

Outgoings can become a major part of the occupancy cost.

The lease may require a tenant to contribute to certain expenses, but the exact obligation needs to be checked against the lease and, where applicable, the Retail Leases Act.

Common examples can include:

• council rates;
• water charges;
• cleaning;
• security;
• repairs and maintenance;
• management costs; and
• other property-related expenses.

The NSW Small Business Commissioner’s guidance specifically identifies outgoings as a major leasing cost and explains that the Retail Leases Act affects what may be charged to a retail tenant.

A useful outgoings check

Do not automatically assume that every building expense is a tenant expense.

At the same time, do not assume that every repair or building cost automatically belongs to the landlord.

The lease and the applicable legislation must be checked together.

5. Repairs and Maintenance Disputes

A broken air conditioner can be more than a maintenance problem.

For a café, restaurant, retail shop or professional practice, a faulty essential service can affect trading.

The first step is to identify the relevant obligation.

Look for the clauses dealing with:

• structure;
• roof;
• walls;
• services;
• air conditioning;
• plumbing;
• electrical systems;
• fixtures;
• plant and equipment;
• cleaning;
• routine maintenance; and
• emergency repairs.

Then check whether the lease contains qualifications, exclusions or special arrangements.

A better way to report a repair

Instead of sending:

“The air conditioner is broken. Please fix it.”

create a written record that states:

1. what has failed;
2. when the problem started;
3. how it affects the business;
4. whether customers or staff are affected;
5. whether the issue is urgent;
6. what inspection or repair has been requested; and
7. what response is required.

Keep photographs, technician reports and invoices where relevant.

This creates a much stronger factual record if the matter later becomes a formal dispute.

6. Relocation and Demolition Clauses

This is an area where tenants should read the lease very carefully.

A redevelopment proposal does not automatically give a landlord an unrestricted right to terminate a retail lease.

Section 35 of the Retail Leases Act 1994 (NSW) contains specific requirements for termination on proposed demolition grounds.

For a qualifying retail lease, the landlord generally cannot terminate on that ground unless sufficient details of the proposed demolition have been provided to indicate a genuine proposal within a reasonably practicable time.

The legislation also generally requires at least six months’ written notice.

For a lease with a term of 12 months or less, that period is reduced to three months.

There are also circumstances in which compensation may become payable, including provisions dealing with fit-out.

Demolition notice: what to check

The original three-month statement is therefore not safe as a general rule.

7. Lease Renewal: Do Not Miss the Option Date

A renewal option can be extremely valuable to a small business.

It can also be lost if the tenant does not exercise it correctly.

Check the lease for:

• the option period;
• the exact date by which notice must be given;
• the required form of notice;
• conditions that must be satisfied;
• rent review provisions applying to the renewed term; and
• any requirement to be up to date with rent or other obligations.

The NSW Small Business Commissioner’s Retail Tenancy Guide advises tenants to check the option exercise window carefully. Missing the final date may mean losing the option.

Do not wait until the final week.

A business owner should put the option date into their diary well before the contractual deadline.

8. Disclosure Statements for Retail Leases

For qualifying retail leases, the disclosure statement is an important document.

The NSW Small Business Commissioner’s current guidance states that the lessor must provide the disclosure statement at least seven days before the new lease begins or a retail lease is renewed. The tenant then provides its disclosure statement within seven days after receiving the lessor’s signed statement, subject to the applicable rules.

The statement can contain information about:

• lease term;
• options;
• rent;
• rent review;
• works;
• fit-out;
• outgoings;
• trading hours;
• disruptions;
• renovations;
• demolition;
• and, for shopping centres, information about the centre.

Why this matters during a dispute

If the lease says one thing but the disclosure statement or negotiations recorded something different, do not simply ignore the difference.

Collect the documents.

Compare them.

Then obtain appropriate professional advice.

9. What to Do When the Landlord Sends a Breach or Termination Notice

This is where speed matters. Do not ignore the notice.

Do not assume that because you disagree with it, you can simply continue trading without taking action.

Immediately record:

• date received;
• method of service;
• exact wording;
• alleged breach;
• amount claimed;
• deadline;
• proposed termination date;
• documents attached;
• lease clause referred to.

Then compare the notice with the lease.

If the notice threatens lockout, termination or another immediate consequence, obtain legal advice promptly.

The NSW Small Business Commissioner’s retail lease guidance also provides specific information for tenants who have been locked out or issued with termination notices.

10. NSW Small Business Commission Mediation

For many businesses, mediation should be considered before launching into expensive litigation.

The NSW Small Business Commission provides mediation for disputes involving landlords and tenants of shops, restaurants, offices and industrial or commercial premises.

For retail lease disputes, mediation can be a required step before proceeding to the relevant court or tribunal.

The Commission states that there is:

• no application or filing fee;
• no charge to speak to a Mediation Officer for strategic or procedural advice; and
• a formal mediation fee of $330 per party for up to four hours, including GST, with additional charges potentially applying after four hours.

The current Commission information also states that mediation can be conducted in person, online or in a hybrid format, depending on arrangements between the parties.

What mediation can help with

Mediation may be useful for disputes involving:

• rent;
• outgoings;
• repairs;
• lease terms;
• termination;
• lease transfers;
• bonds;
• payment arrangements;
• commercial lease disagreements.

The purpose is not for the mediator to simply declare one party the winner.

The process gives both sides an opportunity to reach an agreement.

Applying to NCAT for a Retail Lease Dispute

If mediation does not resolve an eligible retail lease dispute, NCAT may be the next step.

However, a business tenant should not treat an NCAT application as simply filling in a form and paying a fee. There are several requirements to deal with first, including mediation, evidence, identifying the correct legal entity and checking the applicable monetary and time limits.

How to Apply to NCAT

NCAT allows eligible applicants to apply online or use the relevant PDF application form.

Before submitting an application, check the current NCAT instructions and make sure the information supplied is complete and accurate.

NCAT Retail Leases Application — Complete Filling Demo

Example only — fictional details

Scenario used for this demonstration

Applicant: Harbour Lane Café Pty Ltd, a fictional café tenant in Sydney.

Respondent: Harbour Property Holdings Pty Ltd, a fictional landlord.

Dispute: The landlord has allegedly charged the café an amount for building works as part of outgoings. The tenant disputes the charge and seeks an order concerning the amount.

Important: This is a demonstration of how information can be entered into the form. It is not a template telling a person what legal orders to seek in their own case.

File Number

Leave blank.

This area is marked “Office use only” on the NCAT form.

1. DISPUTE DETAILS

1A. Place of dispute

The form asks for the address of the retail shop premises, including the suburb and postcode.

Example entry

Shop 3, 125 Example Street, Surry Hills NSW 2010

What the reader should do

Enter the actual address of the retail premises involved in the dispute.

Do not enter the tenant’s home address here unless that is also the address of the retail premises.

1B. Have you attempted to resolve the dispute through mediation?

The form states that retail lease disputes must attempt mediation before lodging with NCAT. Where mediation has been completed, the mediation certificate issued by the NSW Small Business Commissioner must be attached.

Example entry

☒ Yes

Mediation certificate attached: Yes

Example explanation

The applicant attempted mediation through the NSW Small Business Commissioner. The mediation did not resolve the dispute. The mediation certificate is attached to this application.

If mediation has NOT occurred

Do not simply tick “No” and lodge the form as normal.

The form states that the applicant must contact the NSW Small Business Commissioner unless the application is seeking an order in the nature of an injunction under section 68(3).

2. APPLICANT

2A. Applicant type

The form provides options including:

• Landlord
• Tenant
• Other.

Example entry

☒ Tenant

2B. Applicant contact details

The form asks for the applicant’s name and contact information. If an email address is provided, NCAT states that it will use that email as the address for service.

Example entry

First name: Sarah
Last name: Williams

Organisation name: Harbour Lane Café Pty Ltd

ACN/ABN: 12 345 678 901

Address:
PO Box 000
Sydney NSW 2000

Telephone: 0400 000 000

Email: sarah@example.com

Important

These are completely fictional details.

A real applicant should enter the legal name and contact details that actually belong to the applicant.

If the applicant is a company, check the company’s legal details rather than relying only on the café’s trading name.

2C. Aboriginal or Torres Strait Islander

The form asks the applicant whether they are Aboriginal or Torres Strait Islander and provides several response options.

Fictional example

☒ Prefer not to answer

This section should be answered according to the actual applicant’s circumstances.

Do not copy the demonstration answer into a real application.

2D. Applicant representative details

The form asks for representative details if the applicant is represented and provides options including:

• Legal Practitioner
• Agent
• Other.

Example — applicant has no representative

Leave this section blank.

Example — if represented

Representative type: Legal Practitioner

First name: Michael
Last name: Brown

Organisation: Example Legal Pty Ltd

ACN/ABN: 98 765 432 100

Address:
Level 10, 100 Example Street
Sydney NSW 2000

Telephone: 02 9000 0000

Email: michael@examplelegal.com

The form also states that an authority to act should be attached where the applicant is represented.

3. RESPONDENT

3A. Respondent type

The form provides options including:

• Landlord
• Tenant
• Other.

Example entry

☒ Landlord

3B. Respondent contact details

This is one of the most important parts of the form.

NCAT states that the applicant must provide the correct name and address for service for each respondent.

Example entry

First name: Leave blank

Last name: Leave blank

Organisation name: Harbour Property Holdings Pty Ltd

ACN/ABN: 98 765 432 100

Address:
Level 8, 200 Example Street
Sydney NSW 2000

Telephone: 02 9000 1111

Email: property@example.com

Why the legal name matters

Suppose a café rents premises from a landlord whose building is advertised as:

Harbour Property

That does not necessarily mean “Harbour Property” is the legal respondent.

The applicant should establish the correct legal entity.

The NCAT guidance specifically warns that incorrect details can cause delays or result in unenforceable orders.

For a company, the applicant can check the ASIC registers.

ASIC — Search ASIC’s registers

4. ORDERS AND REASONS

This is the section where the applicant explains what they want NCAT to do and why.

The form specifically asks the applicant to identify the relevant section of the Retail Leases Act 1994 and the orders being sought. It then asks for the reasons supporting those orders.

Do not simply write:

“The landlord is treating me unfairly.”

That does not clearly identify the orders being sought.

4A. What orders do you want?

Fictional example

The applicant seeks orders under the applicable provisions of the Retail Leases Act 1994 (NSW) requiring the respondent to account for and deal with the disputed outgoing in accordance with the applicant’s rights under the Act and the retail lease, together with such further orders as NCAT considers appropriate.

Important legal point

The example above is deliberately general.

A real applicant should not copy this wording automatically.

The correct section of the Act and the exact orders depend on the actual dispute.

For example, a dispute concerning:

• outgoings;
• rent review;
• termination;
• unconscionable conduct;
• disclosure;
• repairs; or
• another lease issue

may require different legal provisions and different orders.

The form itself tells applicants to identify the relevant section and the orders requested.

4B. Why are you applying to NCAT?

Fictional example

The applicant is the tenant of the retail premises identified in this application.

The respondent is the landlord.

The parties entered into a retail shop lease for the premises. During the current lease term, the respondent issued an outgoings statement that included a charge of $18,500 described as building works.

The applicant disputed the charge and requested information and supporting documents concerning the amount.

The applicant says the disputed amount is not properly recoverable from the tenant under the applicable retail leasing requirements and the terms of the lease.

The parties attempted to resolve the dispute through mediation with the NSW Small Business Commissioner. The dispute was not resolved.

The applicant therefore asks NCAT to determine the dispute and make the orders sought in section 4A.

Copies of the relevant lease, disclosure statement, correspondence, outgoings statement and supporting documents are attached.

Why this is better

The explanation gives NCAT and the respondent a clear sequence:

lease → disputed charge → complaint → attempted resolution → mediation → unresolved dispute → requested NCAT determination.

It avoids emotional statements and concentrates on facts and documents.

5. INTERIM ORDER DETAILS

An interim order is different from the final orders being sought.

The form asks separately whether the applicant wants NCAT to make interim orders and, if so, why urgent action is required.

5A. If you are asking NCAT to make interim orders

Fictional example

The applicant seeks an interim order preventing the respondent from taking the specified action identified in the attached evidence until the dispute is determined, subject to NCAT’s jurisdiction and the orders the Tribunal considers appropriate.

Again, this is a fictional demonstration.

A real applicant should only request an interim order where there is a genuine reason for urgent relief.

5B. Reasons for asking for the interim orders

Fictional example

The respondent has notified the applicant that it intends to take the specified action on 15 October 2026.

The applicant says that the action may materially affect the operation of the business before the substantive dispute can be determined.

The applicant therefore seeks urgent consideration of the interim order.

The relevant notice and supporting correspondence are attached.

If no interim order is required

If the applicant does not need an interim order, this section should not be completed as though urgent relief is being sought.

Do not request an “urgent” order simply because the dispute is stressful.

The form asks for details of the urgent circumstances that justify an interim order, including what is happening and when it may happen.

6. LANGUAGE AND DISABILITY SUPPORT

6A. Interpreter

The form asks:

Do you need an interpreter for the hearing?

It provides:

• No
• Yes — specify language.

Fictional example

☒ No

Alternative example

If an interpreter were genuinely required:

☒ Yes

Language: Arabic

The applicant should provide the actual language required.

6B. Support requirements

The form asks whether the applicant has a disability-related need or another request for support at the hearing.

Fictional example

No additional support requested.

If support is required, describe the actual requirement clearly rather than providing unnecessary personal information.

7. SIGNATURE

The final section requires the applicant’s signature or the signature of the applicant’s representative. The form also asks for the name and date.

Fictional example

Name: Sarah Williams

Signature: Sarah Williams

Date: 2 September 2026

What Goes With the Application?

For this fictional example, the supporting document bundle could be organised as follows:

NCAT’s form identifies the lease, disclosure statement, correspondence, reports, receipts, photographs and witness statements or affidavits as relevant types of evidence.

Completed Demo at a Glance

Before a Real Applicant Lodges the Form

This demonstration should not be copied and lodged unchanged.

A real applicant should replace every fictional detail with their own information and check:

1. The correct retail premises address
2. The correct legal name of the applicant
3. The correct legal name of the respondent
4. The respondent’s correct address for service
5. The mediation position and certificate
6. The correct section of the Retail Leases Act
7. The precise orders being requested
8. The factual reasons supporting those orders
9. Whether interim relief is actually necessary
10. The current NCAT fee and application requirements

The uploaded form itself states that applications can be lodged with NCAT Online Services or at an NCAT Registry and provides NCAT’s enquiry telephone number and website.

Official NCAT application page

NCAT — Retail Leases

Official application PDF

NCAT Retail Leases Application PDF

Use the official NCAT page to confirm that the PDF remains the current form before submitting an application.

Step 1 — Attempt mediation first

For most retail lease claims, mediation through the NSW Small Business Commission is compulsory before an application can be made to NCAT.

The tenant should contact the Commission and arrange mediation.

After the mediation process, you will generally need to attach the mediation certificate to the NCAT application.

There is an important exception.

Under section 68 of the Retail Leases Act 1994 (NSW), an application may be accepted without mediation where the applicant is seeking an order in the nature of an injunction.

Do not assume that an ordinary dispute qualifies for this exception. If you believe urgent injunctive relief is required, obtain appropriate legal advice and check the current legislation and NCAT requirements.

Step 2 — Gather Your Evidence

A strong NCAT application needs more than an explanation of what went wrong.

Prepare the documents that show what happened.

NCAT identifies evidence such as:

• the retail shop lease;
• disclosure statement;
• correspondence between the parties;
• reports;
• receipts;
• photographs; and
• witness statements or affidavits.

Organise the material in date order where possible.

A practical evidence table

Keep the original documents.

Do not edit photographs, emails or other evidence to make the dispute appear stronger.

Step 3 — Identify the Correct Other Party

This is an easy step to overlook and can create unnecessary delays.

You need to identify the correct person, business or legal entity against whom the claim is being made.

A trading name is not necessarily the legal name of the company or individual that owns the relevant rights.

For a company, check the details through the Australian Securities and Investments Commission (ASIC) registers.

Record the correct:

• legal name;
• company details where applicable;
• registered or service address; and
• other identifying information required by NCAT.

NCAT may ask for additional information if there is uncertainty about the respondent’s identity.

Incorrect party details can delay the proceedings and may create problems with the enforceability of an order.

Official ASIC source:

ASIC — Search ASIC’s registers

If you are uncertain about how to identify the correct respondent, Legal Aid NSW also provides guidance on identifying the other party when making a claim.

Legal Aid NSW — Making a claim

Step 4 — Check the NCAT Application Fee

An NCAT application generally carries an application fee.

The amount can change, so do not rely on an old article or an old screenshot when calculating the cost.

Check the current NCAT fees before lodging the application.

Concession card holders may be entitled to a reduced fee. If you are claiming a concession, have the relevant concession card available when lodging the application.

NCAT — Current fees and charges

Step 5 — Check the Monetary Limit

NCAT’s current retail lease information states that the maximum amount that can be claimed is:

The date the lease was entered into therefore matters.

Do not automatically use the $750,000 figure simply because the dispute is being dealt with today.

Check the lease date and the current NCAT jurisdictional requirements before filing.

Step 6 — Check the Three-Year Time Limit

NCAT’s current retail lease guidance states that an application must generally be made within three years after:

• the liability or obligation forming the subject of the claim arose; or
• the alleged unconscionable conduct occurred.

This is an important deadline.

A business should not wait until the dispute has become much larger before checking whether the claim is still within time.

Example

Suppose a tenant believes a particular liability arose on 10 October 2023.

The tenant should not assume that the matter remains open indefinitely simply because the lease is still operating.

The relevant date and the nature of the claim need to be checked against the legislation and NCAT’s jurisdiction.

Where limitation or time-bar issues could affect your claim, obtain legal advice before relying on a general three-year calculation.

What Happens After You Apply?

Once the application has been lodged, the matter does not normally go straight to a final contested hearing.

NCAT states that retail lease matters are initially listed for directions.

The notice issued by NCAT will tell you when and where the matter is listed and what you need to do.

At the directions hearing, the Tribunal may deal with procedural issues and determine what needs to happen next.

If the dispute is not resolved at the first hearing, the matter may be listed for a later contested hearing.

The basic NCAT pathway

Retail lease dispute

↓

Check the lease and legislation

↓

Attempt NSW Small Business Commission mediation

↓

Obtain mediation certificate where required

↓

Prepare evidence

↓

Identify the correct respondent

↓

Check jurisdiction, monetary limit and time limit

↓

Lodge NCAT application

↓

Directions hearing

↓

Settlement or further procedural steps

↓

Contested hearing if required

This is a much more accurate way to explain the process than simply telling a tenant to “take the landlord to NCAT”.

Can You Have a Lawyer or Representative?

Yes.

For retail lease matters, parties are entitled to be represented by an Australian lawyer or another agent without needing the Tribunal’s permission in the circumstances provided by the applicable legislation.

However, NCAT itself does not provide legal advice.

That distinction matters.

NCAT can explain procedural requirements and provide information about its processes, but it is not the place to ask the Tribunal to advise you on whether your legal argument is correct.

If the dispute involves substantial money, termination of the lease, an injunction, complex contractual issues or significant business consequences, independent legal advice may be appropriate.

Where Can a Small Business Get Help?

A business owner does not necessarily need to start with an expensive private lawyer.

Depending on the circumstances, useful sources include:

NSW Small Business Commission

The Commission can provide information about retail leasing and operates mediation services for eligible disputes.

NSW Small Business Commission

NCAT

NCAT provides information about applications, hearings, forms, fees and procedures.

NCAT — Retail Leases

Legal Aid NSW

Legal Aid NSW provides information about making claims and identifying the correct party.

Legal Aid NSW

NSW Fair Trading

NSW Fair Trading can provide information about matters within its area of responsibility.

NSW Fair Trading

NCAT Application Checklist

Before submitting an application, work through this list.

Check	Done?
I have identified whether the Retail Leases Act applies	☐
I have reviewed the signed lease	☐
I have reviewed the disclosure statement	☐
I have attempted mediation where required	☐
I have obtained the mediation certificate where required	☐
I have gathered my supporting evidence	☐
I have identified the correct respondent	☐
I have checked the ASIC register where appropriate	☐
I have checked the current NCAT application fee	☐
I have checked the applicable monetary limit	☐
I have checked the three-year time requirement	☐
I have identified the exact orders I am asking NCAT to make	☐
I have checked the current NCAT application instructions	☐

Official NCAT Application Resources

NCAT Retail Lease Information

NCAT — Retail Leases

Use this as the primary procedural page because NCAT can update application requirements, fees and forms.

NCAT Retail Lease Application PDF

NCAT Retail Leases Application — PDF

Before using a downloaded PDF, confirm on the official NCAT website that it remains the current form.

NCAT Hearing Preparation Checklist

NCAT — Hearing preparation checklist

This is useful after the application has been accepted and a hearing date has been provided.

NCAT Confidentiality and Privacy

NCAT — Confidentiality and privacy

Readers should review this before submitting personal or commercially sensitive material.

One Important Point Before You File

An NCAT application should identify what you want the Tribunal to order, not merely describe everything that has gone wrong.

For example, a business owner might need to distinguish between:

• a dispute about the amount of rent;
• a claim for repayment of an amount;
• a dispute about outgoings;
• a repair-related claim;
• an issue concerning termination;
• an application for urgent relief; or
• another remedy available under the applicable legislation.

The correct remedy depends on the facts and the Tribunal’s jurisdiction.

If the consequences of getting the application wrong are serious, obtain independent legal advice before filing.

The safest approach is simple:

check the current law, use the current NCAT information, keep your evidence organised and do not miss the relevant deadline.

11. NCAT: When Mediation Does Not Resolve a Retail Lease Dispute

The NSW Civil and Administrative Tribunal (NCAT) has a specific retail lease pathway.

NCAT’s current guidance states that mediation through the NSW Small Business Commission is compulsory for most retail lease claims before an application can be made.

The applicant generally needs to provide the mediation certificate with the NCAT application, unless an exemption applies. One stated exemption concerns applications seeking an order in the nature of an injunction.

NCAT also identifies useful evidence for a retail lease application, including:

• the lease;
• disclosure statement;
• correspondence;
• reports;
• receipts; and
• photographs.

The basic pathway

Dispute develops

↓

Check the lease and evidence

↓

Try to resolve the issue directly

↓

NSW Small Business Commission mediation where required or appropriate

↓

Mediation succeeds → agreement

or

Mediation fails → obtain the required certificate / consider the appropriate legal forum

↓

NCAT or court, depending on the dispute and jurisdiction

This is safer than assuming that every commercial lease dispute should simply be filed at NCAT.

12. What Evidence Should a Small Business Owner Keep?

A dispute becomes easier to explain when the evidence is organised chronologically.

Create a simple dispute timeline

Date	Event	Evidence
5 May	Repair reported	Email + photograph
8 May	Agent inspected premises	Inspection report
15 May	Repair still outstanding	Follow-up email
20 May	Business disruption increased	Sales records
25 May	Landlord responded	Letter
1 June	Formal dispute raised	Written notice

This is much more useful than presenting an adviser or mediator with hundreds of unorganised emails.

Keep financial evidence too

Where the dispute has caused a financial loss, retain documents that can support the claim.

Depending on the circumstances, this could include:

• invoices;
• sales records;
• accountant reports;
• repair quotations;
• contractor invoices;
• photographs;
• trading records;
• customer cancellation records;
• insurance documents.

Do not claim an amount simply because it “feels right”.

Support the figure with evidence.

13. Common Mistakes That Can Make a Lease Dispute Worse

Mistake	Why it causes problems
Stopping rent payments without advice	May create a separate breach
Ignoring a termination notice	Important deadlines may expire
Relying only on verbal promises	Difficult to prove later
Using a generic lease template as legal advice	The actual lease may contain different obligations
Assuming every business lease is a retail lease	The statutory regime may not apply
Assuming every building repair is the landlord’s responsibility	Liability depends on the lease and applicable law
Treating every rent increase as unlawful	The lease may permit the review
Missing a renewal option date	The contractual option may be lost
Going straight to a tribunal without checking the process	Mediation may be required first
Using old NSW information	Leasing rules and procedures can change

14. A Practical Sydney Lease Dispute Checklist

If a dispute has already started, work through this list.

Step 1 — Find the lease

Locate the signed lease and every variation.

Step 2 — Identify the lease type

Determine whether the Retail Leases Act 1994 (NSW) applies.

Step 3 — Identify the exact dispute

Is it:

• rent;
• market review;
• outgoings;
• repairs;
• renewal;
• relocation;
• demolition;
• breach;
• termination;
• bond;
• transfer?

Step 4 — Find the relevant clause

Write down the clause number.

Step 5 — Check the legislation

Do not rely solely on the landlord’s interpretation or an internet article.

Step 6 — Build your evidence file

Use a chronological folder.

Step 7 — Communicate in writing

Keep the language factual and avoid unnecessary accusations.

Step 8 — Check whether mediation applies

Contact the NSW Small Business Commission where appropriate.

Step 9 — Watch every deadline

Keep a separate list of dates.

Step 10 — Get legal advice where the consequences are serious

Particularly where the dispute involves termination, substantial money, enforcement action, redevelopment or a complex interpretation of the lease.

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Last updated on September 20, 2026

David

Senior Business Intelligence Contributor & Local SEO Analyst David is a seasoned business journalist and digital marketing strategist dedicated to empowering small and medium-sized enterprises (SMEs) across Sydney. With an extensive background in local search engine optimization (SEO) and digital directory strategy, he provides actionable, data-driven insights that help local contractors and business owners cut through market clutter and secure high-paying leads.As a core contributor to News644 Sydney, David specializes in decoding complex digital landscapes for everyday business owners. His popular guides cover critical survival tactics for local trades—ranging from protecting digital real estate against competitor duplicate listings to optimizing directory profiles for maximum local authority. David’s mission is to bridge the gap between technical web utility and local community growth, ensuring Sydney’s vibrant business ecosystems continue to thrive.

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