From time to time lessors consider using part of a rental property to store personal belongings. A spare room under the house, a separate lockable space in the garage or even a garden shed.

Generally, this space doesn’t interfere with the tenant’s use of the property. However, all lessors should carefully review Section 184 of the RTRA Act before deciding to use part of a rental property for their own use.  The Act states a requirement for the lessor to ensure the tenant is provided vacant possession of the premises on the day they become lawfully entitled to occupy the property.

For this reason, it is strongly recommended complete possession of the property be given to a tenant. The risk in the event, particularly of fire, theft or burglary should be considered.

We recommended insurance advice be sought by and lessor choosing to leave some personal belongings behind at the property. Also, remember that a special term drafted by the lessor or a solicitor should be included in the tenancy agreement if the tenant does not have the exclusive right of occupation of the premises.

Our support page is a growing library of resources decided to assist Queensland lessors to fulfil their obligations under the RTRA Act. Read more here.

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