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"Handing over" a rental to a friend/family member
Anyone done it (QLD)


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7 replies to this topic

#1 Kismama

Posted 04 January 2013 - 04:36 PM

I'm looking at moving out, and my brother wants my house.

I have a few months on my lease, which he is happy to take over.

Anyone know if I'm allowed to move him in (sign him onto the tenancy) and then move myself out (sign off)

We could work the bond stuff out ourselves if need be, but in terms of not having to do an actual break-lease/bond clean/exit report etc etc.... My REA is being a bit difficult so asking for info here (tried calling the RTA but must be home for the weekend!)

Obviously it's probably best to get QLD specific info.

Thanks in advance!

#2 beccajayne

Posted 04 January 2013 - 08:24 PM

You have to ask the real estate. Basically they will check his references just like they did for you at the beginning. If he checks out, they might say yes.
They don't have to let him have your lease.
It is better for them as they don't have an empty house but real estates are a bit strange sometimes.

Good luck


#3 erindiv

Posted 04 January 2013 - 08:28 PM

That's a question for the real estate agent. He'll have to go through the same process as you did for approval, you can't just hand it over to him.

#4 Holidayromp

Posted 04 January 2013 - 08:49 PM

I don't know if the laws are similiar to what they are in NSW but you cannot just sign someone onto a lease or transfer the lease over.  Basically you have to move totally out and a new lease re-signed but only if the LL approves the new tenant and you will be in breach of your lease.
What I would do is see out your lease - you only have a few months left and speak to the RE and see if they can contact the owner and allow your brother to become the new tenant.
But whatever you do no matter what happens don't allow your brother to move in and you move out - do it all above board because there is far too much at risk
If the RE is being PITA seek advice.  


#5 Therese

Posted 04 January 2013 - 08:55 PM

I would check with your real estate agent.

#6 Bluemakede

Posted 04 January 2013 - 09:43 PM

I think it can be done (in QLD), I have been added to a lease before, I gave the RE all my info, filled in a application and they approved it.

I have another friend who does this often as well (he lives in a share house), they often have people moving out mid lease and just get others to take over for them.

RTA won't release part of a bond, so whoever moves in just pays out the bond and you just fill in the form for transfer of bond name.

I'd be pestering the RE to have it done and perhaps RTA to on monday.

#7 Phascogale

Posted 05 January 2013 - 08:02 AM

PP has a point.  It may be worth getting your brother to move in and adding him to the lease.  Then a few weeks later move out and get yourself taken off the lease.

I'm assuming that it's legal to do this as I'm sure this often happens.



#8 Kalbert

Posted 05 January 2013 - 12:59 PM

Hi OP

I'm a Property Manager in QLD and I have done this before for tenants of mine.

However, some real estate agents are weird and they want the Let Fee- the commission they are paid when re-letting the property.

My suggestion is what Previous Posters have said. Have your brother fill out an application form and request that he be put on the lease. Hopefully, he will be approved.

Then, after this, say to the RE that you're moving out and requesting your name be taken off the lease. Your brother will have to put it in writing that he consents to this. You then fill out paperwork notifying the RTA of the change of bond. Which I recommend you definitely do this properly and above board. Too much room for error.

The lease continues with the same expiry date, only the names are different. Make sure your brother is put on the Lease as a LEASE HOLDER and not an "Approved tenant".

Then, to be safe, I would complete an exit condition report when you move out. You can download these from the RTA website- and you and your brother can complete one each so that you agree what you are liable for etc at the end of the lease. Things like carpet cleaning which you have to have done, you will need to agree to pay a portion or something- obviously, your brother and you will work this out but it's best to do it all as if it were a stranger so it's all done properly and there's no resentment there etc.

Good luck. I would recommend calling the RTA anyway as they can clarify.

If you have any more questions, feel free to PM me.

Best of luck!

Kat




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