Received 'Show Cause' notice because of dual-occupancy - Brisbane.

Wanting to learn from the experience of others who may have dealt with a 'Show Cause' notice and the expected 'Enforcement notice' which may follow it.
The notice has been issued by the Brisbane City Council (BCC) because of a dual occupancy in a residence where there has been no dual occupancy planning approval.

Anyone been through this and care to share their experience of the process, either on the forum or by messaging me?

I intend to fall into line with whatever is required to sort the situation out regarding the dual occupancy.
Not intending to contest the issue, or to try to seek planning approval.

 

This is something we deal with fairly often. Check this out: https://mcandrewlaw.com.au/show-cause-notices-and-enforcement-notices/

 

Brisbane City Council is well known for being very strict on enforcing breaches of occupancy regulations. Did you truly not know this?

You will have to comply by having only one lease for the whole property.

One tenancy will have to end, the sooner the better..

Evicting a tenant with a signed lease is not going to be easy, you may have to make a substantial financial contributions to their moving costs to get them to agree.
Marg

 

Thanks JDM. The company webpage outlines the basics well.

I expect to seek legal advice but before doing so want to gather information as broadly as possible, even if it's only personal experiences shared on this forum.

 

Our experience is that Council will generally proceed to an enforcement notice as soon as possible after the show cause notice expires so there is little option other than to fight it or comply. Make sure you appeal within the stated time frame if you intend to do so as you may lose rights if you don’t.

 

Excellent advice. There seems to be a recent round of show cause notices for dual occupancies. A neighbour received a notice from BCC, her elderly parent lives in the Granny flat.

 

I think @RPI has dealt with a lot of these.

 

I understand that keeping within the stated time frames is important. Thank you, and I will be seeking legal advise well within that time frame.

There have been posts suggesting that council may give up to 2 months for the situation to be resolved, though other information I read suggests council may allow up to end of lease. (I have 6 months left on both so unlikely)

It is that overall time frame that I was interested to hear about from those who've been through it with friends or relatives, as well as specific concerns like dealing with/negotiating with the tenants and how successfully that played out, and what kind of costs it entailed.

I am considering how best to get my PM to engage in the negotiations with the tenants, and how soon! (within the limited window of time that I have) - PM advice welcomed here.

Perhaps I am the lone ranger and the only one on this forum to have this experience.

 

I am surprised. I assumed you were self managing.

It’s hard to believe a Brisbane PM would allow this situation to arise. The BCC rules regarding dual occupancy are well documented, and the BCC are known for enforcing these regulations with prompt court action.
Marg

 

You would think so @Marg4000 , but unfortunately not.

We were building on a vacant lot and did explore the dual occupancy option (we approached the builder for single occupancy, but they tried to sell us on dual occupancy). I expressed my doubts about the legality of dual occupancy and the builder referred me to the property manager that had leased lots of similar properties.

The property manager assured me it was legit and Council wouldn't have an issue with it. Fortunately my radar was up enough to speak with a planner who confirmed it was a big no-no. I can see how it would have been very easy to be swayed by the high pressure "advice" of so called experts plus the great cashflow offered by dual occupancy.

 

It’s a case of asking the right questions. Dual occupancy and granny flats are not necessarily illegal in Brisbane. Used, as intended, for family members they are usually quite OK.

But you CAN’T rent them out separately (which would obviously give you a much higher return). That’s the sticking point which developers fail to mention when they assure buyers they are quite legal.
Marg

 

That was the selling point that both the builder and property agent put forward - separate meters etc so they could be let out separately. I can imagine there would have been lots of people caught out like the OP.