Legal matters for leased or licensed properties | Brisbane City Council

Legal matters for leased or licensed properties

During the term of your lease, you may need to ask for Brisbane City Council’s consent for some legal matters.

Find out more information about:

Amendment of the lease terms

Your organisation will need to ask for Council’s consent to amend conditions of the lease.

Many community lease conditions are standard and can't be changed.

The most common amendments that are considered are changes to the permitted operating hours. You can not amend the lease area or the parties to the lease without the approval of Council. Such changes will require negotiation of a new lease with Council.

If Council approves the amendment, City Legal will prepare the relevant documents to record the amendment. This may include a Form 13 Amendment. All relevant parties must execute these documents.

If you have a registered lease, the amendment will need to be registered at the Department of Natural Resources and Mines.

Your organisation will be responsible for registration fees and City Legal professional fees.

To seek Council's consent to amend conditions of the lease, send a letter (using your organisation's letterhead) detailing the reasons the amendment is necessary.

Post the letter to:

Community Facilities Operations Team
Brisbane City Council
GPO Box 1434
Brisbane Qld 4001

Alternately, you can email the letter to communityfacilities@brisbane.qld.gov.au.

Mortgaging the lease

During the term of a lease, your organisation may need to borrow money from a financial institution for development works. This means that you may need to mortgage the lease to provide security for the loan. You need Council’s consent to do this.

Your application will be assessed and Council may ask you to submit more information, such as extra financial information.

The consent, if given, may be subject to certain terms and conditions.

If consent is granted, City Legal will liaise with your organisation and/or the financial institution to complete the necessary documents.

To seek Council's consent to mortgage the lease, you will need to provide the following:

  • a letter from your organisation on your letterhead, requesting Council  consent to a mortgage of the lease to the financial institution
  • details of the loan (including amount) and how your organisation will use the funds
  • if the loan is to pay for capital works, details (including concept plans) of these works
  • a copy of your organisation's most recently audited financial statements and current year-to-date statements
  • if available, include copies of the Mortgage and Right of Entry documents from the financial institution.

Post the documents and details to:

Community Facilities Operations Team
Brisbane City Council 
GPO Box 1434
Brisbane Qld 4001

Alternately, you can email communityfacilities@brisbane.qld.gov.au.

Assignment (transfer of lease)

It is possible that, due to changed circumstances, your organisation may want to assign (transfer) the lease to another organisation.

You must obtain Council's consent in writing before any assignment. Council may impose conditions as part of its consent including the parties entering into a Deed of Consent.

If your organisation owes money to Council, any outstanding amounts must be settled as part of the assignment.

If Council approves the assignment, City Legal will prepare the relevant documents to finalise the assignment. This will include a Form 1 Transfer and a Deed of Consent. All relevant parties must execute these documents. Stamp duty may be payable and the documents must be registered at the Department of Natural Resources and Mines.

Your organisation will be required to pay any stamp duty, Department of Natural Resources and Mines registration fees and City Legal professional fees.

To seek Council's consent to an assignment, your organisation will need to provide:

  • a letter from your organisation (on your letterhead) requesting that the lease be assigned to the proposed new tenant. In your letter, state the reason for your request. Two committee members of your organisation must sign the letter
  • a letter from the proposed new tenant (on their letterhead) advising they wish to take over the lease of the premises, providing details about their organisation and an explanation of what activities they will operate from the premises. Two committee members of the proposed new tenant organisation must sign the letter
  • required documentation from the proposed new tenant including a copy of the their certificate of incorporation, constitution, most recently audited financial statements and certificate of currency for public liability insurance.

Post the request to:

Community Facilities Operations Team
Brisbane City Council
GPO Box 1434
Brisbane Qld 4001

Alternately, you can email the request with supporting documentation to communityfacilities@brisbane.qld.gov.au.

Surrender of the lease

Your organisation may wish to surrender or partially surrender its interest in the lease during the lease term.

If Council accepts the surrender, City Legal will prepare the relevant documents. All parties must execute these documents and they must be lodged at the Department of Natural Resources and Mines. Your organisation will be responsible for registration fees and City Legal professional fees.

Council will arrange to meet your organisation for a final inspection of the premises and handover of the keys and any other relevant information.

To surrender your interest, you need to provide a letter from your organisation (on your letterhead) specifying the date you wish your interest in the site to end.

Post the letter to:

Community Facilities Team
Brisbane City Council
GPO Box 1434
Brisbane Qld 4001

Alternately, you can email the letter to communityfacilities@brisbane.qld.gov.au.

Sub use

Your organisation may wish to share occupancy of your leased premises with another organisation.

Your organisation must seek Council’s written consent before entering into any agreements to sublet, share occupancy of or part with possession of, the premises.

The following criteria will be used as a guide to assess the suitability of a sub-tenant or other regular usage arrangements:

  • the proposed sub-tenant is considered by Council as a suitable organisation to occupy the facility
  • that the proposed use of the facility is an acceptable and compatible extension of the current use of the site and the existing lease
  • granting of the sub-tenancy or other arrangement will be in the interest of your organisation and the public
  • the proposed term, hours and permitted use are consistent with your lease
  • your organisation has demonstrated how the income generated from the sub-lease will contribute to your organisation/facility.

To seek Council's consent to a sub-tenancy, your organisation will need to provide:

  • details of proposed sub-tenant (incorporation name and registration details)
  • purpose/use of sub-tenancy agreement
  • term of the sub-tenancy
  • operating hours of sub-tenant
  • proposed rent and how income will be applied to the facility
  • details of area to be sub-let.

Letters may also include:

  • copy of proposed sub-tenancy agreement
  • plan of area to be sub-let
  • copy of sub-tenants Certificate of Incorporation and/or constitution.

Council may impose conditions as part of its consent including the parties entering into a Deed of Consent.

To seek Council's consent to a sub-tenancy, send a letter (using your organisation's letterhead) detailing the proposed sub-tenancy arrangement to:

Community Facilities Operations Team
Brisbane City Council
GPO Box 1434
Brisbane Qld 4001

Alternately, you can email the letter to communityfacilities@brisbane.qld.gov.au.

More information

For further advice on amending, mortgaging, assigning (transfer of lease), surrendering and subletting a lease phone Council on 07 3403 8888 and ask to speak to the Community Facilities Operations Team or email communityfacilities@brisbane.qld.gov.au

16 June 2017