Author: gtho4(Devotee)Devotee 28 Apr 2026
There's no written lease agreement with your son, and that is not unusual between a parent and one of their children. It looks like he's there under either an oral lease agreement for zero rent, or he's there under licence for a zero fee. Only a lawyer could answer that question, but fwiw it's probably the second one (under licence).
Presumably you've given him a free hand to occupy the entire place (you are after all his mother). As there's nothing in writing, you'll need to set out all the surrounding circumstances so that both of you can confirm/show that there is an unwritten/oral lease/licence arrangement with your son in occupation for zero rent. Some things to consider re his occupation of your property:
• what is the address on his drivers licence, and when did he change it.
• what address did he give his employer, and when did he inform them.
• ditto the address address on his bank account and for Medicare.
• what's the residential address on his tax return.
• where does he vote (what's his address on the electoral roll).
• there may be other items that should be added to this list e.g. was it previously a rental property and it was time for him to move out of home. You'll also have CGT situation to consider when the time comes to sell it.
I don't see how the fact that your the reg'd proprietor can transform your son's income into your income. It's the same situation as when a landlord permits a tenant to sub-lease the property. The rents received from the sub-tenant are not the landlord's income. They're received by, and are the income of, the tenant.
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