How to Become a Private Lender in Australia: Complete Guide
Learn how to start private lending in Australia. This guide covers legal requirements, risk management, returns, and how to find quality borrowers.
Why Become a Private Lender?
Private lending offers Australian investors an alternative to traditional investments like shares, property, or term deposits. With potential returns of 8% to 15%+ annually secured against real property, it's an attractive option for those seeking regular income and capital security.
What Returns Can You Expect?
Typical Returns by Loan Type
| Loan Type | Annual Return | Risk Level |
|---|---|---|
| First mortgage (residential) | 9% - 12% | Lower |
| First mortgage (commercial) | 10% - 14% | Medium |
| Second mortgage | 14% - 18% | Higher |
| Development finance | 12% - 16% | Medium-High |
Compared to Other Investments
- Term deposits: 4% - 5%
- Dividend shares: 4% - 7% (plus capital gains/losses)
- Residential rental yield: 3% - 5%
- Private lending: 9% - 15%
The premium reflects the work involved and risks taken, but with proper due diligence, private lending can deliver consistent, attractive returns.
Legal Requirements in Australia
Do You Need a Licence?
For business-purpose loans: Generally no licence required. Most private lending is structured as business-purpose (investment, development, business cash flow) which falls outside consumer credit regulations.
For consumer loans: If lending for personal, domestic, or household purposes, you need an Australian Credit Licence (ACL) and must comply with the National Consumer Credit Protection Act 2009 (NCCP).
Most private lenders focus on business-purpose lending to avoid regulatory complexity.
Legal Structure Options
Individual: Simplest structure. You lend directly from personal funds.
- Pros: Simple, no setup costs
- Cons: Personal liability, no asset protection
Company: Lend through a Pty Ltd company.
- Pros: Limited liability, professional image
- Cons: Setup and compliance costs
Trust: Lend through a family or unit trust.
- Pros: Asset protection, tax flexibility, estate planning
- Cons: More complex, trustee duties apply
SMSF: Lend through your self-managed super fund.
- Pros: Tax advantages (15% or 0% in pension phase)
- Cons: Strict rules, arm's length requirements, must be properly documented
Consult an accountant and lawyer to determine the best structure for your situation.
Getting Started: Step by Step
Step 1: Define Your Lending Criteria
Before seeking borrowers, clarify what you will and won't lend on:
Loan size: What's your minimum and maximum?
- Most private lenders start with $100,000 to $500,000 loans
- Larger loans spread fixed costs but concentrate risk
Property types: What will you accept as security?
- Residential houses/units (safest)
- Commercial property
- Development sites
- Vacant land
- Rural property
Geography: Where will you lend?
- Metro areas have more liquidity (easier to sell if needed)
- Regional may offer better returns but higher risk
LVR limits: Maximum loan-to-value ratio
- Most private lenders stay under 70% for first mortgages
- Conservative lenders stay under 65%
Step 2: Build Your Team
Successful private lending requires professional support:
Solicitor: Essential for:
- Drafting loan agreements
- Registering mortgages
- Handling defaults if they occur
Valuer: Independent valuations protect you from overpaying
- Use registered valuers
- Get full valuation reports, not just estimates
Accountant: For:
- Structuring your lending entity
- Tax planning on interest income
- SMSF compliance if applicable
Mortgage broker (optional): Some brokers bring deal flow in exchange for commission
Step 3: Source Deals
Finding quality borrowers is the key challenge. Options include:
Mortgage brokers: Many brokers have borrowers who don't fit bank criteria. You pay them a commission (typically 0.5% to 1%) for introductions.
Direct marketing: Website, networking, property investor groups. More work but no broker commissions.
Private lending marketplaces: Platforms like Introducr connect verified borrowers with lenders. You see deal details and choose what to fund.
Referrals: As you build a track record, borrowers and brokers refer others.
Step 4: Assess Deals Properly
For each opportunity, evaluate:
The security:
- Get an independent valuation
- Verify ownership via title search
- Check for existing encumbrances
- Consider saleability if you need to take possession
The exit strategy:
- How will the borrower repay?
- Is it realistic? (property sale, refinance, business income)
- What's the backup plan?
The borrower:
- Identity verification
- Credit check (to understand their situation)
- Previous loan history if available
- Communication and professionalism
Step 5: Document and Settle
Professional documentation protects both parties:
Essential documents:
- Loan agreement specifying all terms
- Registered mortgage over the security property
- Personal or company guarantees if appropriate
- Direct debit authority for repayments
Your solicitor handles mortgage registration with the relevant state Land Registry.
Managing Risk
Diversification
Don't put all funds into one loan. Spread across:
- Multiple borrowers
- Different property types
- Various locations
A portfolio of 5-10 smaller loans is safer than one large loan.
Conservative LVRs
The lower your LVR, the more buffer you have:
- At 50% LVR, property can drop 50% before you lose money
- At 75% LVR, only 25% buffer exists
Many experienced lenders won't exceed 65% LVR.
Proper Documentation
Cutting corners on legal documentation creates risk:
- Unregistered mortgages can be defeated by other creditors
- Vague loan terms create disputes
- Missing guarantees limit recovery options
Regular Monitoring
Stay on top of your loans:
- Confirm interest payments are received
- Watch for borrower communication issues
- Monitor property market in your security locations
- Know your exit timeline
Have a Default Process
Before it happens, know what you'll do if a borrower defaults:
- Grace periods and late fees in your agreement
- When to issue formal demand
- Appointing a receiver
- Mortgagee sale process
Your solicitor should guide this, but understand the process upfront.
Tax Considerations
Interest Income
Interest received is assessable income, taxed at your marginal rate (or 15%/0% for SMSF).
Expenses
Deductible expenses include:
- Legal fees for loan documentation
- Valuation costs
- Bad debts (if properly written off)
- Professional advice
GST
Private lending is generally a financial supply and GST-free.
Frequently Asked Questions
How much capital do I need to start?
Minimum practical amount is around $100,000 for a single loan, but $500,000+ allows better diversification.
Is private lending passive income?
Not entirely. You need to assess deals, monitor loans, and manage any issues. However, it's less hands-on than rental property.
What if the borrower doesn't pay?
You have a registered mortgage. After following proper default procedures, you can sell the property to recover your funds. This is why conservative LVRs matter.
Can I lend through my SMSF?
Yes, but strict rules apply. The borrower must be unrelated, terms must be commercial, and documentation must be thorough. Get specialist SMSF advice.
How do I find borrowers?
Options include mortgage brokers, direct marketing, professional networks, and lending marketplaces like Introducr where verified borrowers post funding requests.
Common Mistakes to Avoid
- Lending to friends or family without proper documentation
- Skipping independent valuations to save costs
- Exceeding comfortable LVR limits for higher returns
- Not verifying exit strategies are realistic
- Poor documentation that creates enforcement issues
- Concentrating too much in one loan or location
- Lending on properties you don't understand (e.g., rural if you only know metro)
Getting Started with Introducr
If you're ready to explore private lending, Introducr provides:
- Verified borrowers: All users complete identity verification
- Deal transparency: See full details before expressing interest
- No upfront costs: Free to browse and submit offers
- Direct communication: Message borrowers directly through the platform
Create a lender profile and start reviewing funding opportunities across Australia.
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