Can I Rent My Own Property To My Business In 2025?

If you’re a property owner (or thinking of being one in the future), you might be wondering what can and cannot be done with your own property. 

The truth is, there is a lot to consider when it comes to questions regarding property. 

Matters such as the law, contracts, taxation and even local regulations determine what can be done on a certain premises and what is prohibited in 2025. 

Having an understanding of the impact of these factors can help you make plans around them and be prepared.

A common question we get is, ‘Can I rent my own property to my business?’.

While the simple answer is yes, it’s not always entirely possible. There are certain requirements you need to meet to be able to rent out your own property to your business. Keep reading to learn more! 

How To Rent Out Property In 2025

To rent out a property, owners put the property up for lease on the market, either publicly or privately. When a tenant is interested, they will usually inspect the property and ask for additional details. If they’re happy with it, negotiations can begin. 

When it comes to commercial leases, the negotiation stage is especially important as there is no legislative standard for a commercial property lease. Therefore, the agreement can be catered completely to suit the needs of both the landlord and tenant (as long as there’s nothing illegal in the agreement).  

Commercial lease negotiations usually discuss matters such as: 

• The amount of rent to be paid
• The usage of the property 
• Fixtures and fittings
• Noise levels
• Operating hours
• Activities on the premises
• Subletting
• Licence requirements
• Length of the lease
• Incentives
• Dispute resolution process 

Once the parties have agreed on everything, a commercial lease is then drawn up and signed. 

Before you sign a commercial lease, it’s important to have a legal expert review the contract for you. Commercial leases can be tricky — it’s best to have an expert ensure the terms are working in your best interest.

Can I Rent My Own Property To My Business In Australia?

As a property owner who has their own business, it might be tempting to just rent your own property out to your business. So, can your own property be rented out to your business?

The answer to this question isn’t as straightforward as one might like. Certain factors need to be in place if you want to do this legally.

In essence, it is possible to rent out your own property to your business if two things are in place: 

• The property is held in a trust structure where you are the beneficiary 
• The business in question is registered as a company 

However, this is just a general principle. Whether or not you can rent your property out to your business will also weigh heavily on your own individual circumstances. As such, we recommend seeking the help of a legal expert before taking any next steps. 

Can I Run My Home Business From My Rental Property?

If you are renting a property, you might be questioning whether you can run your business from home. 

The answer to this depends on two main factors: 

• The contract you have with your landlord
• The local council regulations of your area

Firstly, it’s important to see if the contract you signed with your landlord permits you to run a business from home. Depending on the type of business as well as the size and scale of the activities, it might be a good idea to write to your landlord and seek permission. If they answer in the affirmative, be sure to get this in writing too.  

Next, whether or not you can run a business from your rental property is impacted by local council regulations. It’s important to check the zoning of your property and see what activities are permitted based on that. You may also need to seek additional permission or approvals from the council as well. 

The type of business and industry your business falls under will also impact your obligations in this regard. For example, if you are running an online clothing business, your regulations are likely going to be different to someone who is opening a food business from their rental property. 

What Obligations Do I Have Under A Lease Agreement?

Both tenants and landlords must adhere to their obligations in a lease agreement.

Landlords have specific duties and responsibilities toward their tenants. For example, ensuring safety, conducting repairs and maintenance, and communicating effectively with tenants are essential aspects of being a good landlord.

Tenants, on the other hand, need to be transparent with their landlord, fulfill their contractual obligations, and take proper care of the property.

Ensure you understand and can fulfill your obligations according to your lease agreement. If you feel a certain term is putting you at risk, it may be time to have that contract reviewed and renegotiated.

Commercial lease agreements are often for an extended period as it makes sense for businesses to stay in the location where they are established. In return, landlords are guaranteed a tenant during this time. Given the long-term nature of this relationship, it’s in everyone’s best interest to ensure it is a positive one.

A strong, clearly communicated lease agreement can help ensure this relationship runs smoothly. Potential misunderstandings and disputes can often be resolved by referring to the lease agreement, so it’s important to invest time in creating a good one.

Should I Have My Lease Agreement Reviewed?

Yes, it’s always important to have your lease agreements checked out by a legal professional. Lease agreements can be tricky. You don’t want to get caught up in clauses or terms that disadvantage you later on. 

In the context of running a business, it’s essential to have your lease reviewed in case the nature of your business activities is prohibited by the terms of the lease. 

To make sure you are protected and the lease agreement works in your favour, get it reviewed by one of our legal experts. 

Key Takeaways

Whether you are renting or being rented off, it’s important to make sure you’re well aware of your rights, duties and obligations on a rental property. When it comes to complex matters, it’s best to seek the help of a professional to avoid taking any missteps. 

To summarise what we’ve discussed: 

• The process of renting out a property involves seeking out a tenant, inspecting the property, negotiating the agreement and signing a contract 
• There are limited circumstances where you can rent your own property to your business
• Check your lease agreement and council regulations to see if your ran run a business from your property
• Both landlords and tenants must follow their respective duties when it comes to property rental 
• Having your lease agreement reviewed by a legal professional can aid in keeping your protected

If you would like a consultation on lease agreements, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

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