All Topics / Commercial Property / Commercial property with a residence QLD – type of lease and RTA

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  • Profile photo of JHACJHAC
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    @jhac
    Join Date: 2013
    Post Count: 13

    I own a commercial/industrial property in QLD that also has an old house/residence on it.  The lease i inherited with the property was a Commercial Tenancy Agreement.

    Does anybody know if i start a new lease with a new tenant who will be living onsite do i have to submit bond/paperwork to the Residential Tenancy Authority as i know there are normal breach/fines/issues for not doing the paperwork. cheers.

    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    What does the lease say about living on the premises? Is the tenant able to occupy the residence under a licence? is it a caretakers residence or a full blown 2/3 bedroom house? Does the lease stipulate a rent for the house & another for the commercial use?

    Profile photo of JHACJHAC
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    @jhac
    Join Date: 2013
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    its an Industry 2 zoning GCCC, so non residential.  It is a full 3 bed house that has been there for 1000 years before the estate was industrial i imagine. 

    the tilt panel building is has been built 20 years after the house at least and it all on the same title (no strata).

    the lease at purchase was a Commercial Tenancy Agreement with no reference to residential or break up of rent.

    My concern is if someone "resides" on site does or can RTA requirements apply as they haven't in the past.  i can choose to put my head in the sand and take the risk or proportion the bond and rent residentially if i have to??

    Does anybody have a commercial property in QLD with a residence on it??

    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    I’d probably stick with the commercial lease unless you leased it separately from the industrial property. It would be a condition of any licence or sublease that the sublessor be required to enter a residential lease with the tenant of the house. CYA.

    Profile photo of JHACJHAC
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    @jhac
    Join Date: 2013
    Post Count: 13

    good info, will add a condition on the lease, thanks for the reply

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