Litigation &

Dispute Resolution

Commercial Lease Disputes

When lease issues affect your business

A commercial lease is one of the most important agreements a business will enter into. When disputes arise between landlords and tenants, they can impact cashflow, business continuity, and long-term plans.


Whether you're negotiating a new lease, dealing with a breach of lease, disputing rent reviews, or trying to end a tenancy, obtaining legal advice early can help protect your interests and minimise disruption.


At Smith and Partners, we advise both commercial landlords and tenants across Auckland and New Zealand on all aspects of commercial lease disputes.

What is a contract breach?

A contract breach occurs when one party fails to meet the obligations they agreed to under a legally binding contract. This could involve failing to deliver goods or services, failing to make payment, not meeting agreed timeframes, or otherwise not complying with the terms of an agreement.


Not every disagreement amounts to a breach of contract. Understanding your rights, obligations, and the remedies available is often the first step towards resolving the dispute.

Common commercial lease matters


Our team regularly advises clients on matters including:


  • Commercial lease disputes
  • Lease interpretation
  • Rent reviews and rental disputes
  • Lease renewals and extensions
  • Breaches of lease agreements
  • Repairs and maintenance obligations
  • Assignment and subleasing
  • Surrender and termination of leases
  • Default notices
  • Recovery of lease-related debts


Every lease is different, and the appropriate solution will depend on the terms of the lease and the circumstances surrounding the dispute.


Understanding commercial lease disputes


Commercial leases create legally binding obligations for both landlords and tenants. Disputes often arise when parties disagree about rent, maintenance responsibilities, lease terms, permitted use, or ending the tenancy.


Many disputes can be resolved without formal litigation if advice is sought early and both parties understand their legal position.


Resolving lease disputes


Depending on your circumstances, resolution may involve:


  • Negotiation
  • Mediation
  • Reviewing or interpreting lease terms
  • Enforcing lease obligations
  • Court proceedings where required


Our focus is always on finding practical, commercially sensible solutions that protect your investment or business.

Why seek advice early?

Obtaining advice early can help you:


  • Understand your rights under the lease
  • Avoid unnecessary disputes
  • Protect your business or investment
  • Resolve issues before they escalate
  • Minimise financial risk

How Smith and Partners can help

Our Commercial and Litigation teams work together to provide practical advice on commercial lease disputes.


Whether you're a landlord protecting your investment or a tenant seeking certainty about your lease obligations, we'll explain your options in plain English and help you achieve the best possible outcome.



If you're involved in a commercial lease dispute or need advice about your lease, contact Smith and Partners to discuss your situation and learn how we can help.

Frequently Asked Questions

  • Can I end my commercial lease early?

    Possibly. Whether you can end a commercial lease early will depend on the terms of your lease agreement and the circumstances involved. Before taking any action, it's important to understand your legal rights and any potential financial consequences. We can review your lease and explain your options.

  • Who is responsible for repairs and maintenance under a commercial lease?

    Responsibility for repairs and maintenance varies from lease to lease. Some obligations fall on the landlord, while others may be the tenant's responsibility. If there is uncertainty or a dispute about who is responsible, we can review the lease and help clarify each party's obligations.

  • What happens if my landlord or tenant breaches the lease?

    If either party fails to meet their obligations under a commercial lease, there may be legal remedies available. Depending on the situation, this could involve negotiation, enforcing the lease, recovering losses, or taking formal legal action. Seeking advice early can often help resolve the issue before it escalates.

  • Can commercial lease disputes be resolved without going to court?

    Yes. Many commercial lease disputes are resolved through negotiation, mediation, or other forms of dispute resolution without the need for court proceedings. Early legal advice can help identify practical solutions, protect your position, and minimise disruption to your business.

  • What should I do before signing a commercial lease?

    A commercial lease is a significant legal and financial commitment. Before signing, it's important to understand your rights, obligations, rent review provisions, maintenance responsibilities, and the terms for renewing or ending the lease. Obtaining legal advice before you sign can help avoid costly disputes later.

Helping you navigate disputes

Practical articles and legal insights on disputes, litigation, mediation, and resolution.

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By Carolyn Ranson June 13, 2026
Being left out of a parent’s Will — or receiving less than you expected — can be both surprising and distressing. The law in New Zealand provides that, in many cases, this may not be the end of the matter.
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By Natalie Miller May 26, 2026
In the realm of civil and family litigation, the decision to settle a dispute rather than pursue a judicial outcome is often framed as a tactical choice
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By Nathan Tetzlaff January 30, 2026
The jurisdiction of the Disputes Tribunal doubled from $30,000 to $60,000 on 24 January 2026, causing significant changes for collecting medium sized debts. This increase is intended to improve access to justice and reduce the need for costly District Court litigation for medium sized disputes.