QLD Who can be a landlord

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Mdmlsh88

Member
29 January 2020
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Hi,
Simple question that I cannot seem to find an answer to anywhere online.
In Qld, if a property is owned by two people legally, and they separate but don't divorce, can one owner rent the house as a Landlord? Or both owners would need to be sign the rental tenancy as the Landlord?
Thanks in advance!
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Depends on how you're going about it. In all cases it should be both owners as the start point:
- Residential tenancy: If the letting agent is willing to take it from one then it will likely go through without a hitch unless the other owner raises complaint.
- Commercial tenancy, unregistered: Same as residential tenancy, but less likely to get through.
- Retail shop lease, unregistered: Almost certainly not likely to get through. These have enhanced disclosure requirements and often the necessity for independent legal advice. A prudent solicitor will pick up on the issue.
- Registered lease: Not going to happen. Titles Office will reject the lease unless all owners agree to the lease.
 
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LisaZ

Active Member
7 February 2020
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Depends on how you're going about it. In all cases it should be both owners as the start point:
- Residential tenancy: If the letting agent is willing to take it from one then it will likely go through without a hitch unless the other owner raises complaint.
- Commercial tenancy, unregistered: Same as residential tenancy, but less likely to get through.
- Retail shop lease, unregistered: Almost certainly not likely to get through. These have enhanced disclosure requirements and often the necessity for independent legal advice. A prudent solicitor will pick up on the issue.
- Registered lease: Not going to happen. Titles Office will reject the lease unless all owners agree to the lease.
Hi Rob,
In a residential tenancy with two owners where one owner has looked after the leases and signed for both owners, do future leases have to have both owner's signatures?
Thanks
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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What do you mean by ‘one owner has signed for both owners’? If it’s under a valid power of attorney, then just the one is needed. If the one owner is just signing in the name of or on behalf of the other owner then that’s not valid (and possibly fraudulent).

if a single owner is signing on their own, from the tenant’s point of view it’s valid as they don’t need to enquire. Any argument will be between the owners if the one renting it out doesn’t have permission.
 

LisaZ

Active Member
7 February 2020
5
0
31
What do you mean by ‘one owner has signed for both owners’? If it’s under a valid power of attorney, then just the one is needed. If the one owner is just signing in the name of or on behalf of the other owner then that’s not valid (and possibly fraudulent).

if a single owner is signing on their own, from the tenant’s point of view it’s valid as they don’t need to enquire. Any argument will be between the owners if the one renting it out doesn’t have permission.
Thank you, this is exactly what I needed to know