transfer of rental lease qld

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Queensland State Government

Guidelines for lease transfer, ending an agreement early (breaking a lease):.

If a tenant or property manager/owner ends a fixed term agreement before the end date without grounds (i.e. without sufficient reason) they are breaking the agreement. This is also known as breaking the lease. A tenancy agreement is a legally binding agreement. If it is broken, compensation will probably need to be paid.

Compensation:

Money may be owed to the property manager/owner as a result of breaking the lease. This is considered compensation.

Example: the loss of rent until the property is re-let or until the end of the tenancy agreement. The tenant may also have to pay reasonable re-letting and advertising costs. Any compensation, or payment options for the amount, should be discussed between the tenant and the property manager/owner (this could include how the bond is to be paid out). The property manager/owner must mitigate any loss associated with breaking the lease.

Excessive hardship:

If the tenant or property manager/owner is experiencing excessive hardship (e.g. serious financial or health issues) they may make an urgent application to QCAT for an order terminating the agreement. However, QCAT may also order compensation to be paid even if the agreement is terminated.

Tenant – ‘I want to break my Lease’ :

• Always inform the property manager/owner in writing of your intention to leave.

You may be asked to pay:

• Reasonable re-letting costs (usually 1 week’s rent plus GST)
• Reasonable advertising costs (if incurred), and
• Compensation for loss of rent (until a new tenant is found or until the end date of the agreement whichever happens first).
• The property manager/owner is legally required to minimise any costs associated with breaking the lease. If you feel they are not mitigating this loss, contact the RTA for assistance.
• You and the property manager/owner mutually agree in writing to end the agreement early on a specific date, or
• Give the property manager/owner a Notice of intention to leave (Form 13) and leave the property (you will probably need to pay compensation), or
• Get your property manager/owner’s approval to transfer your interest in the property. If you have paid a bond you will need to fill out a Change of bond contributors (Form 6), or
•  Apply to QCAT to end the agreement due to excessive hardship (if you have evidence to support the application).

Property manager/owner – ‘The tenant wants to break the lease’ :

• The tenant may end the tenancy agreement early, however they may have to pay compensation if they do not have grounds (sufficient reason).
• The tenant can be charged reasonable re-letting and advertising costs.
• The tenant may be responsible for paying compensation for loss of rent (until a new tenant is found or the end date of the agreement).
• You are legally required to minimise costs associated with the tenant breaking the lease. You should start arrangements for re-letting the property as soon as practical.
• You and tenant mutually agree in writing to end the agreement early on a specific date, or
• Tenant provides you with a  Notice of intention to leave  (Form 13) and you may agree on compensation (e.g. for loss of rent and reasonable re-letting costs), or
• Approve the transfer of the tenant’s interest in the property. If they have paid a bond they will need to fill out a  Change of bond contributors  (Form 6), or
• The tenant may decide to apply to  QCAT  to end the agreement due to excessive hardship (if they have evidence to support the application).

 Property manager/owner – ‘I want to break the lease’: 

• Without an order from QCAT ending the tenancy the tenant does not have to move out.
• If you do not have a QCAT order but the tenant agrees to move out early you may negotiate with the tenant over a compensation payment (e.g. moving costs).
• You and the tenant mutually agree in writing to end the agreement early on a specific date.
• Apply to  QCAT  to end the agreement due to excessive hardship (if you have evidence to support the application).

Tenant – ‘The property manager/owner wants to break the lease’:

• Without an order from QCAT ending the tenancy, you do not have to move out.
• If the property manager/owner does not have a QCAT order, but you agree to move out early, you may negotiate a compensation payment (e.g. moving costs).
• You and property manager/owner agree in writing to end the agreement early on a specific date.
• The property manager/owner applies to  QCAT  to end the agreement due to excessive hardship (if they have evidence to support the application).

© The State of Queensland Residential Tenancies Authority 2011

Source: https://www.rta.qld.gov.au/Renting/Ending-a-tenancy/Ending-a-tenancy-agreement/Ending-an-agreement-early-breaking-a-lease

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Statewide advice number

1300 744 263

When you rent a place to live in Queensland, if you decide to move out you must follow the required steps to end the agreement. These steps are described in the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’).

This fact sheet applies to general tenancies and rooming accommodation.

Giving notice

In most situations, if you want to end your tenancy agreement you will need to give written notice.

In residential tenancies you must use a Notice of Intention to Leave form . In rooming accommodation you must use a Resident Leaving Form.

Your notice must state the date you intend to end the agreement (the handover day) and whether you are ending the agreement with grounds, or without grounds.

If you have grounds for ending the agreement (a reason set out in the Act) your notice should state this and be given ‘with grounds’. Otherwise, your notice is ‘without grounds’.

Notice periods

The amount of notice you must give will depend on the type of agreement you have and your reason for leaving. The required notice periods are summarised in the table in this Tenancy Facts.

Giving enough notice – If you don’t give enough notice, your notice may be invalid, or you may have to pay compensation to the lessor or provider if you leave without proper notice. To ensure that you give enough notice, start counting from the day you expect the lessor, agent or provider to receive your notice, and include the handover day. If you send your notice by post, allow extra time for postal delivery. This is two to six days, or longer if you live in a remote area.

Tribunal applications

The Act also sets out certain circumstances where you can apply to the Tribunal for an urgent hearing and request an order to terminate your tenancy agreement.

Ending your tenancy checklist

• Give the right amount of notice in writing, using the correct form. Keep a copy.
• Pay your rent up to and including the last day on your notice (the handover day).
• Leave on or before the date on your notice.
• Leave the premises clean and in the same condition as when you moved in (except for fair wear and tear).
• Repair any damage that you have caused (you are not responsible for routine repairs and maintenance). Keep receipts
• Keep receipts for any professional cleaning you have done (such as carpet cleaning).
• Gather evidence about the condition of the premises when you move out (such as photos showing the place is clean).
• Complete an Exit Condition Report and give a copy to your lessor or agent (not required in rooming accommodation).
• If possible, carry out a joint final inspection with the lessor, agent or provider.
• Return the keys promptly when you move out.
• Use a Refund of Rental Bond form to apply to the RTA for your bond refund (if you have paid a bond)

Without grounds

If you want to leave without grounds (without reason) you can give a written notice to end your tenancy at the end of your fixed term agreement, or any time during a periodic agreement. In residential tenancies you can give two weeks’ notice using a Notice of Intention to Leave. In rooming accommodation, you can give seven days’ notice on a Resident Leaving Form.

A Notice of Intention to Leave without grounds, is effective if the handover date is before the end of a fixed term. However, if you leave before the end of a fixed term agreement, your lessor, agent or provider may make a claim against your bond and can seek compensation from you for your breach of the agreement. This claim can include any financial loss they suffer due to your early termination of the tenancy, such as lost rent and re-letting costs.

See below – Breaking a fixed term agreement

Mutual agreement

You and the lessor, agent or provider can agree to end the tenancy at any time by mutual agreement. This mutual termination agreement should be put in writing and be signed by both parties.

This agreement should clearly state the day the tenancy will end and include any agreement about financial liabilities, such as what will happen with the bond and whether or not you, or the lessor or provider, will pay compensation for ending the tenancy.

You can apply to the RTA Dispute Resolution Service for assistance to negotiate a termination agreement with the lessor, agent or provider. If you cannot reach an agreement you can apply to the Tribunal for a decision.

Giving notice that you intend to leave

The length of notice you give might differ depending on what type of accommodation you are living in, and what type of agreement you have, either a general tenancy, a long tenancy in a moveable dwelling (MD); a short tenancy moveable dwelling agreement (an agreement in a moveable dwelling park for 42 days or less); or rooming accommodation.

Misrepresentation

Within the first three (3) months on which you move in,  you can apply directly to the tribunal to terminate your agreement (residential tenancy or rooming accommodation) without giving them notice because of misrepresentation. This means the lessor, their agent,  provider or provider’s agent gave you false or misleading information about the condition of the rental premises, room or inclusions; the services provided; a matter likely to affect your quiet enjoyment; the agreement or any other document that must be provided; or your (or their) rights and obligations under the agreement.

The application is a non-urgent application to QCAT meaning you must first apply for Dispute Resolution with the RTA.

The tribunal must be satisfied that false information justifies termination.

Excessive hardship

If you experience excessive hardship and are unable to continue in a fixed term residential tenancy or rooming accommodation agreement, you can apply directly to the Tribunal for an urgent hearing to terminate your agreement due to excessive hardship. Examples of excessive hardship can include serious illness or loss of employment. If you apply to the Tribunal, you will need evidence of your circumstances.

The Tribunal can make an order to terminate the tenancy from an agreed date. The lessor or provider may want to claim financial compensation from you for breaking the agreement early. At the hearing, you can ask the Tribunal to make a final decision about the refund of your rental bond and any compensation that you must pay. The Tribunal may or may not agree to make a final decision about compensation on the day.

If you experience hardship but do not want to apply to the Tribunal, you could negotiate with the lessor, agent or provider to end your tenancy by mutual agreement. If you make an agreement, it must be put in writing.

Breaking a fixed term agreement

When you sign a fixed term agreement, you are signing a legal contract under which you agree to rent the place for an agreed minimum period. If you terminate your tenancy and leave before the end of the fixed term agreement, you may be liable to pay compensation to the lessor or provider for breach of the contract. Your lessor or provider may claim this compensation from your bond or seek additional compensation from you.

Your financial liabilities may include, but are not limited to:

• Compensation for any loss of rent until a new tenant or resident moves in, or the fixed term expires, whichever occurs first
• Advertising costs
• A re-letting fee (a maximum equal to one week’s rent plus GST).

Duty to minimise financial loss

The lessor, agent or provider must take reasonable steps to keep their losses to a minimum and cannot claim compensation for any expense that could have reasonably been avoided. For example, the lessor or provider should advertise the property at the same price and act reasonably to find new tenants as quickly as possible.

To reduce the cost of breaking your agreement early you could:

• Negotiate a written mutual termination agreement with your lessor, agent or provider; or
• Apply to the Tribunal for a termination order, if applicable; or
• Advertise yourself, or ask the lessor, agent, or provider to advertise and find a new tenant or resident to move in.

Transfer and sub-letting

If you have a residential tenancy agreement, you can seek written permission from the lessor or agent, to sublet the premises or transfer the agreement to prospective new tenants. If you need to move out before the end of a fixed term agreement this is one way to minimise any compensation claim against you.

The lessor or agent cannot unreasonably refuse your request to transfer or sublet the premises and cannot ask you to pay a fee for their agreement to approve a transfer or sublet. You are also not liable for the cost of preparing a new agreement. However, they can request compensation for reasonable expenses incurred in agreeing to the transfer or sublet.

If you have a dispute over your request to transfer or sublet premises, you can apply to the RTA Dispute Resolution Service for assistance. If the RTA cannot help you to resolve the dispute, you can apply to the Tribunal for a decision.

If you rent from the State government, a community housing provider, your employer, or if you are in a short tenancy (moveable dwelling) agreement, your lessor has unqualified discretion when deciding your request to transfer or sublet.

A transfer is when you pass all your legal obligations under the tenancy agreement to a new tenant. Your lessor or agent must give written consent before a new tenant can move in. The new tenant may be required to go through an application process. Any change to an existing shared tenancy agreement must be signed by all parties. This change can be initialled on the original agreement or included in a signed attachment. If a new tenant takes over the whole tenancy, the lessor or agent will usually ask them to sign a new tenancy agreement.

Subletting is when you rent out part, or all the premises, to someone else. You must have written permission from the lessor or agent before you can sublet the premises. As head-tenant, you continue to be responsible for the tenancy, whether or not you are living in the premises. You are responsible for the actions of your sub-tenant, including any unpaid rent or damage to the premises.

When you sublet to someone else, you become their lessor and will have the same responsibilities as a lessor under the Act, such as an obligation to lodge any bond payment, ensure there is a written agreement, and provide rent receipts or keep a rent record.

For more information, see the Resolving Disputes Tenancy Facts , or contact a tenancy advice service.

Keep copies of any notices you give to the lessor, agent or provider. They could be important evidence if you have a dispute.

Leaving if the lessor or provider fails to fix a breach

If your lessor or provider fails to remedy a breach of the agreement, you may be able to take steps to end the agreement. You must first use a Notice to Remedy Breach form to notify the lessor or provider about the breach. It is important to have evidence of the breach and copies of the notices you have issued.

If the lessor or provider does not fix a breach by the due date on the notice you may take steps to end the agreement ‘with grounds’ due to the lessor, or provider’s, unremedied breach of the agreement.

If you have a fixed term residential tenancy agreement a breach must be serious to justify ending the agreement early.  You should seek advice if you are unsure can contact one of our advice services to discuss this.   If you are unsure you can apply to the Tribunal for a hearing and seek an order about the breach.

Rooming accommodation: In rooming accommodation, if the provider fails to remedy a breach of agreement you can give seven days notice using a Resident Leaving Form . This applies to both periodic and fixed term agreements.

Periodic residential tenancies: In residential tenancies, if you have a periodic agreement and the lessor fails to remedy a breach of the agreement, you can issue a Notice of Intention to Leave for an unremedied breach. You must give at least seven days notice for general tenancies and long tenancy moveable dwelling agreements, or one days notice for short tenancy moveable dwelling agreements.

Fixed term residential tenancies: In residential tenancies if you have a fixed term tenancy the breach must be serious to justify ending the agreement early. You can give notice ‘with grounds’ to end a fixed term tenancy early if a serious breach is not remedied. However, your lessor or agent may dispute your notice and try to claim compensation from you. If you have given the lessor a Notice to Remedy Breach but the breach is not remedied by the due date, you can apply to the Tribunal to terminate your fixed term tenancy because the lessor has failed to remedy a serious breach of the agreement. This is an urgent Tribunal application.

Disputes about notices

If you issue a Notice to Remedy Breach, Notice of Intention of Leave, or Resident Leaving Form, the lessor, agent or provider may dispute your notice. If they disagree with your notice, they can apply to the RTA Dispute Resolution Service for conciliation to resolve the dispute.

In residential tenancies, it can be risky for tenants to end a fixed term agreement early, without a Tribunal order, as the lessor or agent may dispute your reason for leaving. After you move out the lessor or agent may dispute your bond refund and claim compensation from you for ending your fixed term tenancy early.

If you want to end a fixed term agreement early because the lessor, agent or provider has failed to remedy a breach of the agreement, make sure you have copies of the notices you have given, and evidence about the seriousness of the breach. This is important if there is a dispute about your notices.

Using a Notice to Remedy Breach form

If the lessor, agent or provider is in breach of the agreement, you can give them a Notice to Remedy Breach . On this notice write the details of the breach, what the lessor or provider must do to remedy (fix) the breach and the date the breach must be fixed.

In residential tenancies, you must give the lessor or agent at least seven days notice to remedy the breach from the date they receive the notice. In rooming accommodation, your notice should give the provider five days notice to remedy the breach.

If the lessor or provider does not remedy the breach by the due date on the notice, you can apply to the RTA Dispute Resolution Service for conciliation to resolve the dispute. If the RTA is unable to help you reach an agreement, you can apply to the Tribunal for a decision about the breach. In some cases you can apply directly to the Tribunal for an urgent hearing without applying to the RTA.

Repeated breaches

If the lessor, agent or provider breaches the agreement in the same way three times in a 12 month period, you can apply to the Tribunal for an urgent hearing to end the tenancy because of a ‘repeated breach’ of the agreement.

This applies if you gave the lessor, agent or provider a Notice to Remedy Breach on two occasions for a similar breach and each time they remedy the breach by the due date. If they breach the agreement in a similar way for a third time (within a 12 month period) you can apply directly to the Tribunal for an urgent hearing to terminate your tenancy due to repeated breaches. You do not need to issue a third Notice to Remedy Breach or a notice to end the agreement, before you apply to the Tribunal.

The repeated breaches must relate to certain sections of the Act including; general obligations regarding repair and maintenance of the premises or facilities, unlawful entry, breach of quiet enjoyment, or a breach of a provision about rent payments.

In the Tribunal, you will need to show evidence that you have issued two previous breach notices and that the repeated breaches are serious enough to justify early termination of the agreement.

In making a decision, the Tribunal may consider the seriousness of the breach, the period in which the breaches were committed, and the length of the tenancy.

Leaving due to damage, injury or harassment

If the Tribunal agrees to terminate your tenancy agreement, it may also make an order for compensation if you incur costs as a result of the lessor or provider’s repeated breaches. If you have a residential tenancy agreement, you can apply to the Tribunal for an urgent hearing to terminate your agreement if there has been damage, injury or harassment by the lessor or a co-tenant. In cases of domestic violence, occupants or domestic associates can also apply to the Tribunal about the tenancy.

• Damage or injury: If the lessor or a co-tenant has caused or is likely to cause serious damage to you, to someone you have allowed onto the property, or to your possessions, you can apply directly to the Tribunal for an urgent hearing to end the agreement. If you have applied to the Tribunal for a termination order, and you have good reason to believe that the lessor or a cotenant may cause further damage or injury, you can also make an urgent application to the Tribunal for a restraining order.
• Lessor’s objectionable behaviour: If the lessor has harassed, intimidated, or verbally abused you or someone you have allowed onto the premises, you can apply directly to the Tribunal for an urgent hearing to end the agreement. The Tribunal may grant the order if it is satisfied that you have established the basis of the application and the behaviour justifies the termination of the agreement.
• Domestic violence – application by other occupants: A person who is an occupant of the premises or is the domestic associate of the tenant (eg: spouse, partner, family member, carer) can apply to the Tribunal to terminate the tenancy in cases where the tenant has committed an act of domestic violence or caused damage to the premises or injury towards the applicant. The applicant can also apply to remain in the premises and be named as the tenant instead of the tenant who committed an act of domestic violence. In deciding these matters, the Tribunal must consider the domestic violence issues and the lessor must be given an opportunity to be heard.

If you are making an application to the Tribunal about domestic violence issues it is important to have evidence to support your application, such as evidence you have applied for a domestic violence order, or support letters from a social worker, health worker or police.

• Misrepresentation: You can apply directly to the tribunal to terminate your agreement (residential tenancy or rooming accommodation) because of misrepresentation, as long as it is within 3 months of moving in. This is a non-urgent application to QCAT.

Ending the tenancy or rooming agreement due to DV

You can end your interest in the tenancy/rooming agreement by giving the lessor/provider a minimum of 7 days’ notice in the correct form – Notice Ending Tenancy Interest* (NET) or Notice Ending Residency Interest* (NER) to your lessor/agent/provider, along with supporting evidence of the DV.

A tenant or resident may choose to leave immediately after providing the notice and paying the 7 days rent.

You will need to provide documents as evidence of the DV. You can choose to provide a copy or allow your lessor or provider to inspect copies of documents.

Alternatively, you may make an urgent application to the Tribunal for a termination order or an order ending your interest in the agreement because of DV committed against you.

What evidence can be used to end the tenancy or rooming agreement due to DV?

To end your tenancy/rooming agreement, you will need to provide evidence with the NET or NER. The following are considered acceptable forms of evidence:

• A Protection Order or Temporary Protection Order
• A Police Protection Notice
• An interstate order or injunction for personal protection under the Family Law Act 1975 (Cth)
• An injunction for personal protection under the Family Law Act 1975 (Cth)
• An RTA Form Domestic and Family Violence Report* signed by one of the following:
• A health practitioner including medical, midwifery, nursing, occupational therapy, psychology
• A social worker, eligible for membership of the Australian Association of Social Workers
• A refuge or crisis worker
• A DFV support worker or case manager
• An Aboriginal and Torres Strait Islander medical service
• A solicitor

Note*: All forms can be found on the RTA website

See the Co-tenancy and When Violence Affects Your Tenancy fact sheets for more information.

You can use an Exit Condition Report to record the condition of the premises when you move out. After moving out use a Refund of Rental Bond Form to apply to the RTA for a bond refund. These forms are available online at www.rta.qld.gov.au

If you abandon the premises

If you have a residential tenancy agreement and move out without giving a notice to end the agreement, you are abandoning the premises. If this happens, the lessor or agent can take steps to terminate the agreement.

If a lessor or agent believes that you have abandoned the premises they can either deliver an Abandonment Termination Notice to the premises, or apply directly to the Tribunal for an urgent order declaring that the premises are abandoned.

If you receive an Abandonment Termination Notice and disagree with the notice, you must respond within seven days. If you do not respond within seven days, the premises are taken to be abandoned.

If you have not abandoned the premises, you can apply to the Tribunal to dispute the abandonment notice. If the Tribunal has made an abandonment order, you can also apply to the Tribunal for a review of the order. In both instances, you must lodge your application within 28 days.

If you abandon the premises, the lessor can apply to the Tribunal to claim compensation from you for any costs they incur because of your abandonment. If you abandon the premises and the amount you owe is greater than the bond, this is grounds for the lessor to list your details on a ‘bad tenant’ database.

For more information see the Tenancy Databases Tenancy Facts.

Death of a tenant or resident

If a sole tenant or sole resident dies and no other action is taken to end the agreement, the agreement ends one month after the death of the sole tenant in a general tenancy, or two weeks after the death of the sole resident in rooming accommodation. If a representative of either party gives notice to end the agreement because of the death of the tenant or resident, the agreement will end two weeks after the notice was given in general tenancies, or seven days in rooming accommodation. Alternatively, the parties can agree to end the agreement at an earlier date, or the lessor, agent or provider can apply to the Tribunal for an order to terminate the agreement.

For more information see Resolving Tenancy Disputes Tenancy Facts .

  If your co-tenant or co-resident dies you may give the lessor or provider a notice of intention to leave the premises if continuing in your agreement would be impractical or cause you excessive hardship, see above for notice periods. This does not apply to a residential tenancy that is a short tenancy (moveable dwelling).  In the case of excessive hardship, you can also apply directly to the Tribunal for an order terminating the agreement.

When you move out on the handover day it is important to take all your goods with you, leave the place clean, in a similar condition to the start of the tenancy, reasonable fair wear and tear excepted, and promptly return all keys. It is also useful to gather evidence to show you have met your obligations, such as photos, cleaning receipts and a copy of your completed Exit Condition Report. This evidence is important if you have a dispute over the bond refund.

You can use an Exit Condition Report to record whether or not the place is clean and in good condition when you leave. This form is available online from the RTA at www.rta.qld.gov.au. It is the tenant’s responsibility to fill in an Exit Condition Report and give a copy to the agent or lessor when you return the keys. In rooming accommodation Exit reports are not required, but are useful if you have paid a bond.

When you complete your Exit report, give a copy to the lessor, agent, or provider to complete. Remember to keep a copy for your own records. The lessor or agent has three business days to conduct the exit inspection and fill in the Exit Condition Report and return a signed copy to you at the forwarding address you included on your form.

At the end of your tenancy, you can use a Refund of Rental Bond form or apply online to the RTA using a QGOV account for your bond refund https://www.rta.qld.gov.au/rta-web-services/online-bond-refund . Always fill in the bond refund amounts before you sign the form as signing a blank Refund of Rental Bond form is like signing a blank cheque. You can lodge your own Refund of Rental Bond form with the RTA as soon as the tenancy ends. How the RTA deals with your bond refund claim will depend on whether you and the lessor, agent or provider, agree on the bond refund.

For more information, see the Rental Bond Tenancy Facts .

Withdrawing your notice

If you have a residential tenancy agreement and issue a Notice of Intention to Leave, but later decide you want to continue in the tenancy, contact the lessor or agent to withdraw your notice. You must get written agreement from the lessor or agent to withdraw your notice. You can only withdraw your notice before the handover day stated in the notice. It is up to your lessor or agent to decide whether you can continue with the agreement.

If you do not withdraw the notice, and do not move out on the handover day, your lessor or agent can apply to the Tribunal to terminate the tenancy due to your failure to leave as intended. If you want to stay, you should attend the hearing to explain your situation and ask the Tribunal to allow you to continue with the tenancy. If your situation has changed and you need more time to move out talk to the lessor or agent about this and try to reach an agreement.

Residential Tenancies Authority

Forms & resources

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Change of rental property (Form 3)

Change of rental property (form 3) v2 jun21.

The Change of rental property (Form 3) transfers bond money from one property to another and only allows transfers where the lessor, agent or manager/provider remains the same.

When a tenant moves from one property to another, and there is no change of property manager/owner or bond amount, the Change of rental property should be completed and sent to the RTA.

The RTA will issue an Acknowledgement of rental bond to confirm the transfer.

Learn more about transferring a bond that involves a bond loan to another property or contact the RTA or Department of Housing .

Lodging the form

• email: scan completed form and email to [email protected] (size limit 5MB), or
• post: RTA, GPO Box 390, Brisbane Q 4001

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Transferring a lease or licence

• Lease transfers for exempt leases or licence transfer

If the exemption from needing consent applies to you, you can lodge your transfer forms with Titles Queensland without applying to us first.

You should make sure any outstanding rent (including deferred rent) or penalty interest owed to the state has been paid prior to lodging the forms with Titles Queensland.

Important: When a lease or licence is transferred, any liabilities, including any outstanding rent and interest, become the responsibility of the incoming leaseholder or licence holder.

Obtaining a rental clearance report

To identify all outstanding rent (including deferred rent) and penalty interest you can request a rental clearance report.

If you are the current leaseholder or licence holder, simply email [email protected] .

If you are the purchaser or an agent acting for one of the parties, you can obtain a report by emailing [email protected] as long as you can provide either a:

• copy of the contract of sale
• letter of authority from the current leaseholder or or licence holder.

Associated licences or permits

If you are transferring a lease and an associated road licence and there is no covenant that ties the 2 parcels, please contact us to discuss requirements. You can email [email protected] or call (07) 4447 9174.

Permits to occupy can’t be transferred. If you are transferring a lease and have an associated permit to occupy, you should  surrender the permit when the lease is transferred. The incoming leaseholder can then apply for a permit if required.

Lodging your forms with Titles Queensland

To complete the transfer when exempt, you must lodge the following information with the  Titles Queensland :

• Form 1 – Transfer
• Form 24 – Property information (transfer)
• rental clearance report showing that all outstanding rental has been paid
• the condition of the land
• the level of compliance with the conditions of the lease
• any current arrangements under other legislation
• the annual rent and when it is payable
• other information as required.

Foreign ownership requirements

The incoming leaseholder needs to be aware of the requirements of the Foreign Ownership of Land Register Act 1988.

This requires that a foreign person (as defined in the Act) who is purchasing a lease, or their trustee, lodge a Form 25 – Foreign ownership information for each interest acquired.

Hardship assistance

Hardship concessions and deferral of rent or instalments are not automatically passed on when a lease or licence is transferred. If the incoming leaseholder or licence holder is suffering hardship, they may be eligible to apply for deferral of rent or instalments . If the lease is for residential purposes, they may also be eligible for a reduction of rent .

In this guide:

• Exemptions from needing our approval for a transfer
• Transferring a lease or licence when approval to transfer is required
• Information for mortgagees and receivers
• Extending a rolling term lease

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• Previous ( https://www.qld.gov.au/environment/land/state/leases/transferring/exemptions )
• Next ( https://www.qld.gov.au/environment/land/state/leases/transferring/obtaining-consent )

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Transfer of lease toolkit

• Transfer duty
• Registering as a self assessor
• Interactive help
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• Insurance duty
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• Private rulings for duties
• Public rulings
• Payment options
• Definitions

This toolkit brings together everything you need to know about self assessing duty on the transfer of a lease.

A lease is an interest in land, therefore any transfer of lease will be dutiable as a transfer of land. If you are a registered self assessor and are dealing with a transfer of lease, you must self assess it in  QRO Online .

Calculating transfer duty on a transfer of lease is done the same way as any other land interest transfer—the rate of duty  will apply to the higher of the consideration (including GST, if applicable) paid for the transfer or the lease’s unencumbered value.

An exemption may apply in certain cases.

Assessing a transfer of lease

A transfer of lease is usually pursuant to a  business contract , so you can stamp it as you would any other pursuant transfer. Find out about  endorsing transactions as a self assessor .

If the transfer is not pursuant to a business contract, you will need to treat it as the primary document for the transaction and assess it in QRO Online.

Here are some tips to help you self assess this type of transaction in QRO Online.

How to lodge online

You must complete all mandatory data fields under each tab in QRO Online. Mandatory fields are marked with a red asterisk. There are some specific data requirements.

• Select  Transfer of non-residential land  as the  Transaction class . You cannot claim a home, first home or first home vacant land concession on non-residential land transactions. If the property is part non-residential and part residential (and a concession is being claimed), you must use the transaction class  Transfer of residential land .
• Agreement to transfer dutiable property —for transactions evidenced by an agreement
• Transfer of dutiable property —for transactions evidenced by a transfer only.
• Select  Land in Queensland  as the  Type of dutiable property .
• Evidence of value is generally not required for transfers of leases where there is nominal consideration.

Records you need to keep

For this type of transaction, you must keep a completed  dutiable transaction statement (Form D2.2) .

Find out more about your  record-keeping obligations .

Section 146 exemption

Section 146 of the  Duties Act 2001  provides an exemption for the acquisition of a new right that is the lease of a dwelling (e.g. in a retirement village) or a site agreement.

Exemptions under section 146 cannot be self assessed. If you believe this exemption applies to a transaction, you must lodge the documents, including a cover letter and  dutiable transaction statement (Form D2.2) , with Queensland Revenue Office for assessment.

Find out more about  lodging documents for assessment .

Also consider…

• Read the  data entry standards for QRO Online .
• Read the  public ruling on dutiable transactions subject to GST (DA011.1) .
• Use the  transfer duty calculator  to work out a transfer duty liability.
• Learn about  self assessing a surrender of lease .
• Get  help with QRO Online .
• View the list of  approved transactions for self assessors .

How to transfer your lease: A simple guide

By Anika Legal | Thu 7th Jan. '21

On a fixed-term lease and need to move? Don’t fret – breaking your lease is not your only option! Breaking your lease can be incredibly stressful for both the landlord and tenant – but you can avoid this mess by getting your lease transferred. Here’s a simple guide on what you need to know.

If you don't know what "breaking a lease" means or you are thinking of breaking your lease, have a read of this post too - " What are lease breaks, and why can't I just leave my property? ".

Before beginning the lease transfer process, it helps to understand your rights and responsibilities to avoid any nasty surprises and unnecessary stress. If you are renting a property, you would have signed a lease agreement at the beginning of your tenancy. A lease is a binding contract containing what your rights and obligations are throughout your time in the rental. If you don’t have a copy, your agent is legally required to provide you one.

A lease transfer is effectively changing that lease from your name and transferring all those rights and obligations to another person who will be taking over the lease.

But be mindful of when the lease transfer begins. Generally, tenants are required to pay their rent a month in advance. Make sure the person transferring onto the lease understands when they need to make their first rent payment to avoid any late payments.

‍Find someone to take over your lease

• In order to transfer your lease, there needs to be someone to transfer it to. Although your landlord cannot unreasonably refuse consent, maximise your chances by finding someone who has a good rental history and the financial capacity to pay the rent on time.
• Most agents will request the prospective tenant receiving the lease transfer to put in an application (same as if you were to apply to any other rental property). Make sure the prospective tenant provides supporting documents such as payslips and rental receipts to support your request and remove any doubt of your ability to be a reliable tenant.

Get written consent from your landlord

• You must get written consent from your landlord if you want to transfer your lease. Verbal consent through a phone call or a face to face meeting will not be sufficient. If you try to transfer your lease without your landlords’ written consent, it will be invalid and void.

By law, a landlord must not unreasonably withhold consent for a lease transfer. If a tenant believes their landlord has unreasonably withheld their consent, they may apply to VCAT. VCAT will hear from both parties and will either:

• Decide that consent is not required and let the lease transfer go ahead without the landlord’s consent; or
• Decide that it was not unreasonable to withhold consent and uphold the denial of the lease transfer, disallowing you from transferring your lease.

What exactly does it mean to ‘unreasonably withhold consent’? Unfortunately, there is no solid definition. Factors VCAT may consider include the prospective tenant’s ability to pay rent and their previous rental history.

Your landlord may require you to pay an administration fee for the reasonable costs of preparing a new lease. Your landlord cannot charge you a fee for them to consent and they cannot refuse giving their consent to the transfer of your lease because you have refused to pay the fee. But what happens if you have already paid a fee to your landlord for their consent? If this is the case, then you can apply to VCAT to get an order for the landlord to refund the fee.

Like the lease, the bond needs to also be transferred. This does not happen automatically. To transfer your bond, your landlord or agent will need to submit a tenant transfer with the Residential Tenancies Bond Authority (RTBA). Once the transfer has been submitted, all tenants will receive an email from the RTBA where they will need to accept the transfer. Once all parties have accepted the transfer, the bond has officially been transferred.

But beware , transferring your bond through the RTBA only transfers the name, NOT the actual money. The transfer or exchange of the actual bond money is the responsibility of the transferor and transferee to do themselves. This means that the person transferring into the lease must provide the bond money to the person transferring out of the lease. It is critical to ensure that both parties of the lease transfer are aware of this. If you are leaving the property, do not agree to the transfer of the names on the RTBA records before you've received the money from the person taking over!

It is not uncommon for one of the tenants on a lease to transfer their tenancy to someone else. This is referred to as transferring co-tenancy. The process for transferring co-tenancy is the same as a full lease transfer (as explained above).

Essentially, instead of the whole lease being transferred from one person to another, a co-tenancy transfer only transfers the rights of the person transferring out with the person transferring in. The tenants on the lease who were not involved in the transfer will not be affected.

If you are undergoing a co-tenant transfer, be mindful of how the bond is divided. The RTBA will only transfer the names on the bond. However, like a full lease transfer, the exchange of bond money is a private matter that needs to be worked out between tenants.

The bond is generally divided between tenants in co-tenancies. As a tenant transferring in, ensure you know how much bond you are responsible for. A bond is not always divided equally between tenants. As a tenant transferring out, make sure you have clearly communicated with the person replacing you how much bond they are responsible for to prevent any issues arising and to ensure you get the amount of bond you initially contributed back.

We hope this has cleared up some of the ins and outs of lease transfers – stay tuned for more helpful tenancy tips and blog articles !

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