We are noticing an increase in legal disputes because tenants are not leaving their home when they should. Informal and undocumented arrangements are usually the root of the problem in tenancy disputes. This calls into question whether the occupier is a tenant or a licensee which can be difficult to separate.
A tenancy is where a person (which may include their immediate family) is granted exclusive possession of a home for a period of time in return for rent. Tenants are usually protected by residential tenancy legislation which provides the legal steps to be taken should a tenant not vacate when they should. The Queensland Civil and Administrative Tribunal (QCAT) is where parties usually end up to sort things out.
However, a licence may be granted where a person is allowed to occupy or use part of a property – for example, a person may occupy a granny flat or a shed or maintain a site area for a caravan. Licensee’s typically have fewer legal protections and their rights are not governed the same way as a tenant. The parties are usually required to seek injunctive relief from the District Court to sort things out instead of QCAT. This can be much more complicated and costly for all parties involved.
It’s important that both landlords and tenants understand the difference between tenancy and licence. If you are unsure whether your current arrangement is a licence or a tenancy, or if you are experiencing a dispute relating to occupation of premises, our team at McNamara Law can assist. We provide clear, practical advice tailored to your circumstances. Contact us today on 1300 285 888 to discuss how we can help protect your interests.
Unit 10
88 Limestone St
Ipswich 4305
Queensland
Ph: 07 3816 9555
GE Building,
Level 1, 6 Yoga Way
Springfield Central 4300
Queensland
Ph: 07 3470 3600
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