Vacant Possession Requirements

It is a requirement under the RTRA Act to ensure the tenant is provided vacant possession of the premises on the day they become lawfully entitled to occupy the property.

It is strongly recommended complete possession of the property be given. Some lessors may consider using a part of the property to store personal belongings etc. This is fraught with danger and risk in the event, particularly of fire, theft or burglary. It is recommended storage of your own belongings not be kept at the property and are removed.

We recommended insurance advice be sought if you choose to leave some personal belongings behind at the property. We will also require a special term drafted by you as the lessor or a solicitor to include in the tenancy agreement if the tenant does not have the exclusive right of occupation of the premises. We are unable to write, draft or provide specific advice to the tenancy agreement due to section 24 of the Legal Profession Act (Qld).

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 – SECT 182

182 Vacant possession(1) The lessor must ensure the tenant has vacant possession of the premises on the day the tenant is entitled to occupy the premises under the agreement.(2) Subsection (1) does not apply to any part of the premises to which the tenant does not have a right of exclusive occupation.