Can you live off-site?


The answer can be found from

1. Your management rights agreements
You will need to review how you own the management rights business. You might own the business in your own names, as a company, a trust which has either an individual or a corporate trustee. Some agreements state that where a company or trust owns a management rights business that a director or beneficiary needs to reside on site while some don’t.

Each management rights agreement is different. There is a potential impact on your ownership situation. You might own the business in your own names or as a company or a trust could have ownership with individual or corporate trustees. Some agreements provide that where a company owns a management rights business that a director needs to reside on site while some don’t.

Whichever situation you are in, there is no hard and fast rule when it comes to management rights agreements. Each one needs to be looked at alone. That said if your agreement says you must reside on site, that is where the off site residence question ends unless the agreement is amended.

2. Licencing
Under the Property Agents and Motor Dealers Act 2000 (PAMDA) a resident letting agent who

  • has the approval of the body corporate to let lots (via a letting agreement);
  • has completed the required education modules; and
  • who resides on site,

can operate under a resident letting agents licence.

If you operate under a resident letting agents licence and no one resides on site with a licence, you are in breach of the PAMDA.  The only way around this is to get a full licence, or get a sales persons licence under a full licence. 

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