QLD Can I sublet to landlord?

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LisaZ

Active Member
7 February 2020
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Hi,
One of my landlords and I are very good friends and she has recently moved back to Australia.
I'd love her to move into my house but the other landlord says if she does it would be classed as a sublet.
Question: if a landlord occupies part of my home and doesn't contribute to the rent, is this a sublet?
Thanks
 

Rob Legat - SBPL

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16 February 2017
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If there’s no consideration (i.e. rent), aren’t they just a house guest?
 
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LisaZ

Active Member
7 February 2020
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Hi Rob,
I would have thought so. However Queensland housing states a maximum of a four week stay then the guest becomes a tenant.

On a Google search I found this information:

"Any guest residing at the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. This person must be added to the lease agreement.Apr 16, 2019
Find Local Property Management Companies | All Property Management

"When a guest is also more likely to become a sub-tenant:
  • If the property is their only residence;
  • If they have a key;
  • If they direct their mail to your address;
  • If they help to care for the property; or.
  • Arrange to stay for a long time.
Nov 1, 2019
Rental Properties, Houses & Apartments for Rent | Rent.com.au › blog
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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There's no absolute rules here - the links you've given aren't absolute (phrases like "will be considered" and "more likely to").

The difference here is that the 'guest' is also a landlord. Unless they are under some obligation to not be at the property/in control of the property, then they already have a right to be there subject to your terms of the lease. If you're willing to relax your rights and allow them in, they should not need further authority to be there (i.e. they don't need a sub-lease).
 
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LisaZ

Active Member
7 February 2020
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Thank you very much for your time and advice,
Much appreciated, have a good weekend