Exclusive possession

Generally, the right to exclude all others, including the owner, from all or part of a property.

Whether exclusive possession has been granted depends on the:

• terms of the written agreement, where there is one
• facts and circumstances of the arrangement, where there is no written agreement.

Exclusive possession may also be granted by law. For example, the Residential Tenancies and Rooming Accommodation Act 2008 applies to certain renting arrangements.

You should seek professional advice before arranging to rent out all or any part of your home or granny flat. You should also consider potential implications with other authorities—such as the Residential Tenancies Authority (RTA) or the Australian Taxation Office (ATO)—or what it means for your coverage with your insurance provider.