Resident letting agent licence - Queensland

Service summary

Resident letting agent authorised activities

A resident letting agent licence allows you to:

  • rent out and manage units in a building complex (on behalf of the owners and the body corporate )
  • collect rents in the complex
  • operate a trust account.

You must have a current licence to work as a resident letting agent.

Corporate resident letting agent authorised activities

A corporate resident letting agent licence allows you to:

  • rent out and manage units in a building complex (on behalf of the owners and body corporate)
  • collect rent in the complex
  • operate a trust account

Applicants must be both suitable and eligible in order to obtain a licence.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Definition of terms

Contiguous

Land is "contiguous" with other land only if the parcels of land have a common boundary that is not separated by a public road.

Eligible person
  1. An individual is eligible to obtain a resident letting agent's licence only if the individual:
    1. is at least 18 years; and
    2. has the educational or other qualifications generally approved by the chief executive for a resident letting agent's licence (the qualifications are stated on the department's website).
  2. An individual is to be taken the satisy the requirement mentioned in subsection (1)(b) if the chief executive is satisfied the individual:
    1. has a comparable qualification to the qualification mentioned in subsection (1)(b); or
    2. within two years before the day the individual's application for a resident letting agent's licence is received by the chief executive -
    3. has been licensed as a resident letting agent of real estate agent or has been the holder of a comparable licence under PAMDA.
  3. A corporation is eligible to obtain a resident letting agent licence only if the person in charge of the corporation's business is a resident letting agent.
Registered office

a property agent's or resident letting agent's registered office is:

  1. for an agent who is a principal licensee -
    1. the place the letting agent states in the agent's application for a resident letting agent's licence as the agent's principal place of business; or
    2. another place notified to the chief executive by the agent in the approved form as the agent's principal place of business; and
  2. for an agent who is an employed licensee -
    1. the place the agent states in the licensee's application for an agent's licence as the agent's business address; or
    2. another place notified to the chief executive by the agent in the approved form as the agent's business address.
Resident letting agent licence

authorises the holder of the licence to perform the following activities as an agent for others for reward -

  1. letting lots in a building complex;
  2. collecting rents for lots in a building complex.

A resident letting agent may perform the activities in the carrying on of a business, either alone or with others, or as an employee of someone else.

 

Suitable person (corporation)
  1. A corporation is not a suitable person to hold a licence if an executive officer of the corporation:
    1. is an insolvent under administration; or
    2. has been convicted in Queensland or elsewhere, within the preceding 5 years, of a serious offence; or
    3. is currently disqualified from holding a licence or registration certificate; or
    4. is a person the chief executive decides under Section 36 is not a suitable person to hold a licence.
  2. A corporation that is not a suitable person cannot hold a licence.
Suitable person (individual)
  1. An individual is not a suitable person to hold a licence if the person is:
    1. an insolvent under administration; or
    2. a person who has been convicted in Queensland or elsewhere, within the preceeding 5 years, of a serious offence; or
    3. currently disqualified from holding a licence or registration certificate; or
    4. a person the chief executive decides under Section 36 is not a suitable person to hold a licence.
  2. An individual who is not a suitable person to hold a licence cannot hold a licence.

Eligibility requirements

You must:
  • reside or undertake to reside in & have an office in the building in which lots are being let;
  • have attained at least 18 years of age;
  • have body corporate approval in regard to letting of lots (this can be supplied at a later date to allow processing of your application to begin);
  • be a suitable person;
  • be an eligible person.

NOTE: If you are notifying under the Mutual Recognition (Queensland) Act 1992 or the Trans Tasman Mutual Recognition (Queensland) Act 2003, you must be authorised to practise an occupation equivalent to the Queensland occupation covered by this licence in a participating State or Territory or in New Zealand.

Duration

This licence will remain in effect for 12 months or 3 years. You will be issued with a renewal notice annually or every 3 years approximately 6 weeks before the expiry date.

Fees

TypeAmountDescription
Application$2,582.30

Application and licence fee (individual): 3 years

Application$38.80

Criminal history check

Application$1,413.30

Application and licence fee (corporation): 3 years

Application$783.80

Application and licence fee (corporation): 1 year

Application$1,377.30

Application and licence fee (individual): 1 year

Application

Submit either:

  • Form1-1: Application for individual's licence (if you are applying as an individual); or
  • Form 1-2:  Application for corporation's licence (if you are applying as a corporation).

Your application must be accompanied by:

  • An application fee
  • A licence issue fee
  • A criminal history check fee applies to each person for whom a date and place of birth are requested on the application form
  • A certified copy of either a birth certificate, birth certificate extract, passport, Certificate of Australian citizenship or drivers licence for each person for whom a date and place of birth are requested on the application form. Proof of identity can be certified by a Justice of the Peace, Commissioner for Declarations, barrister/solicitor or notary public. (NOTE: None of the above are required to be provided upon renewal on the proviso that the name the licence was issued in has not changed or unless otherwise requested).

The licence application fee and licence renewal application fee are not refundable.

You must also specify in you application:

  • The place in Queensland where you propose to carry on business under the licence; and
  • The capacity in which you intend performing activities under the licence and the address where the activities are to be performed (business address); and
  • If you intend to be employed as a person in charge of a licensee's business at a place of business - the name of your licensed employer and the address of the place of business where you are to be employed (also a business address).

If you intend to carry on business under the licence at more than one place which is contiguous, you must specify in the application the place you intend to be your principal place of business. A copy of a registered survey plan is required to accompany the application.

A place of business or an address under this section must be a place where a document can be served personally.

What is required after applying but before approval is granted?

You require body corporate approval - either a letter from the body corporate (stating the complex name, community title scheme number, assignment date, end date or term of appointment and words to the effect that the letting authorisation has been assigned to the applicant or persons employing the applicant) or a signed copy of the letting agreement or deed of assignment (between the body corporate and the applicant or the person/s employing the applicant stating the complex name, community title scheme number, assignment date or commencement date and end date or term of appointment, and words to the effect that the letting authorisation has been assigned to the applicant or the person/s employing the applicant). This can be supplied after the application has been lodged to allow processing of the application to begin.

Vary

Changing the building complex

This licence is issued with a condition restricting you to operating in particular building/s or complex/es (all with body corporate approval). However, the condition may be varied to nominate another building should you relinquish the letting rights to the first building/s and purchase rights to another.

How to vary a condition

You can apply to have the condition varied to nominate another building by submitting a written request and payment of the prescribed fee to the Department. The request should include details of the street address of the new complex as well as residential address including the unit number where residing and the telephone contact details.

You must submit the following document with the request:

  • body corporate approval - either a letter from the body corporate (stating the complex name, community title scheme number, assignment date, end date or term of appointment and words to the effect that the letting authorisation has been assigned to the applicant or persons employing the applicant);  or
  • a signed copy of the letting agreement or deed of assignment (between the body corporate and the applicant or the person/s employing the applicant stating the complex name, community title scheme number, assignment date or commencement date and end date or term of appointment, and words to the effect that the letting authorisation has been assigned to the applicant or the person/s employing the applicant).

Transfer details

You cannot transfer this licence to another entity.


Additional information

All active partners (individual and corporation) and non-active partners (corporation) in the letting business are required to be licensed.

Non active partners (individuals) only are not required to be licensed but are required to supply their details upon lodging the application.

A resident letting agent that is a corporation must ensure that the individual in charge of the agent's business at the agent's registered office is a resident letting agent or real estate agent.

A corporate resident letting agent who is a principal licensee is authorised to carry on a business of letting lots in more than one building complex.

You must ensure that another individual who is a resident letting agent or real estate agent is in charge of your business at the other place.

Applicants must undergo a criminal history check to confirm their suitability. The criminal history check applies to each person for whom a date and place of birth are requested on the application form. The fee applies to all applications and renewal notices.

Administering agency

Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit

Act(s) name

Property Occupations Act 2014 (Queensland)

Regulation(s) name

Property Occupations Regulation 2014 (Queensland)

Contact details

Queensland Government Service Centre
Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit


Operating address:
Upper Plaza Terrace
33 Charlotte Street
Brisbane, Queensland 4000
Mailing address:
GPO Box 3111
Brisbane, Queensland 4001

Phone:

07 3405 0985

Phone:

13 QGOV (13 74 68)

Fax:

07 3008 5933
IndustryLicensing@justice.qld.gov.au

Website:

Office of Fair Trading Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

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