Transferring a lease or licence
Lease transfers for exempt leases or licence transfer
If the exemption from needing consent applies to you, you can lodge your transfer forms with Titles Queensland without applying to us first.
You should make sure any outstanding rent (including deferred rent) or penalty interest owed to the state has been paid prior to lodging the forms with Titles Queensland.
Important: When a lease or licence is transferred, any liabilities, including any outstanding rent and interest, become the responsibility of the incoming leaseholder or licence holder.
Obtaining a rental clearance report
To identify all outstanding rent (including deferred rent) and penalty interest you can request a rental clearance report.
If you are the current leaseholder or licence holder, simply email LTLadmin@resources.qld.gov.au.
If you are the purchaser or an agent acting for one of the parties, you can obtain a report by emailing LTLadmin@resources.qld.gov.au as long as you can provide either a:
- copy of the contract of sale
- letter of authority from the current leaseholder or or licence holder.
Associated licences or permits
If you are transferring a lease and an associated road licence and there is no covenant that ties the 2 parcels, please contact us to discuss requirements. You can email SLAMlodgement@resources.qld.gov.au or call (07) 4447 9174.
Permits to occupy can’t be transferred. If you are transferring a lease and have an associated permit to occupy, you should surrender the permit when the lease is transferred. The incoming leaseholder can then apply for a permit if required.
Lodging your forms with Titles Queensland
To complete the transfer when exempt, you must lodge the following information with the Titles Queensland:
- Form 1 – Transfer
- Form 24 – Property information (transfer)
- rental clearance report showing that all outstanding rental has been paid
- statutory declaration signed by the incoming leaseholder or licence holder stating that they are aware of:
- the condition of the land
- the level of compliance with the conditions of the lease
- any current arrangements under other legislation
- the annual rent and when it is payable
- other information as required.
Foreign ownership requirements
The incoming leaseholder needs to be aware of the requirements of the Foreign Ownership of Land Register Act 1988.
This requires that a foreign person (as defined in the Act) who is purchasing a lease, or their trustee, lodge a Form 25 – Foreign ownership information for each interest acquired.
Hardship assistance
Hardship concessions and deferral of rent or instalments are not automatically passed on when a lease or licence is transferred. If the incoming leaseholder or licence holder is suffering hardship, they may be eligible to apply for deferral of rent or instalments. If the lease is for residential purposes, they may also be eligible for a reduction of rent.
In this guide:
- Exemptions from needing our approval for a transfer
- Lease transfers for exempt leases or licence transfer
- Transferring a lease or licence when approval to transfer is required
- Transferring a lease or licence when approval to transfer is required
- Information for mortgagees and receivers
- Extending a rolling term lease