In Queensland a tenancy agreement does not end automatically when a rental property is sold: the buyer takes on the agreement in place. In Western Australia, too, a fixed-term agreement does not come to an end because the home has been sold. Each state then sets the notice a seller gives along the way.
General information, not legal advice. Each rule here is one state’s own, from the Residential Tenancies Authority (Queensland), SA.GOV.AU, the ACT Government and Consumer Protection WA. For New South Wales see NSW Fair Trading, and for Victoria Consumer Affairs Victoria. A lawyer or licensed conveyancer can say how they apply to a particular sale.
1ATelling the tenant
QLDThe tenant receives Form 10, the Notice of lessor’s intention to sell premises, from the property manager or owner; it sets out how the property will be marketed. Entry to show a prospective buyer is allowed only if that Form 10 was issued before, or together with, the Entry notice.
SAA landlord who signs an agency agreement to sell must tell the tenant in writing within 14 days, and the home cannot be advertised or shown to buyers until those 14 days have passed.
ACTBefore showing the property to potential buyers, the landlord must write to the tenant to say they intend to sell.
NSWAn agent who accepts an appointment to sell leased residential property must immediately tell any agent managing it, in writing.
VICVictoria’s duty comes before the lease is signed: a rental provider who has engaged an agent to sell, or had a contract of sale prepared, must tell the renter that a sale is proposed before entering into the rental agreement.
1BWhen the lease is new
Two states give a tenant a way out where a sale was coming but was not mentioned at the start.
QLDIf the property is advertised, or shown to a prospective buyer, in the first 2 months of an agreement, and the tenant had no written notice of the proposed sale before signing, the tenant can end the agreement with a Notice of intention to leave (Form 13) giving 2 weeks’ notice. The tenant has to give that notice within 2 months and 2 weeks of the tenancy starting.
SALandlords must tell prospective tenants if they intend to sell within 2 months of a new agreement, or the tenant may end it. A tenant who was not told can end the lease if the home goes under contract within the first 2 months of it, and has 2 months from a written notice of the sale to do so.
1CShowing the home to buyers
| State | Notice | How often | Open homes and photos |
|---|---|---|---|
| QLD | An Entry notice allowing 48 hours, naming a two-hour window for the visit | A reasonable time after the last visit for the same reason; no more than twice in 7 days once a Notice to leave or Notice of intention to leave is given, unless the tenant agrees or another exception the RTA lists applies | An open house or on-site auction only with the tenant’s written agreement; photos showing their belongings likewise |
| SA | Dates and times agreed in advance; 7 to 14 days’ written notice to enter for a valuation | No more than twice every 7 days unless the tenant agrees | 7 days’ notice of entry for photos or video that will be published; the tenant’s belongings only with 7 days’ notice and written consent |
| ACT | At least 48 hours | The tenant does not have to agree to more than 2 inspections a week | At a time reasonable for both sides; the tenant cannot unreasonably refuse access |
QLDEntry on a Sunday, a public holiday or between 6pm and 8am needs the tenant’s agreement, and a prospective buyer cannot be let in on their own unless the tenant agrees.
SAWhere landlord and tenant cannot agree on showing the home in normal hours, 8 am to 8 pm Monday to Saturday, SACAT may order that the tenant is unreasonably withholding agreement. A sign advertising the sale can go up unless the tenant shows it would interfere with their peace, comfort or privacy.
1DWhen the buyer wants the home empty
QLDA tenant on a fixed term cannot be made to leave because the owner has decided to sell; they can stay to the end of the term, and the new owner takes over as their property owner. On a periodic agreement, where the buyer wants vacant possession, the tenant gets a Notice to leave (Form 12) allowing at least 2 months after the contract of sale is signed.
SAA landlord can end a tenancy after signing a sales agency agreement with a registered agent to sell with vacant possession; conditions apply. At the end of a fixed term that takes 60 days’ notice, and on a periodic lease, where the contract of sale requires vacant possession, at least 60 days’ written notice. The tenant may move out sooner on 7 days’ notice.
WAOn a periodic agreement, where the home is sold and the contract requires it vacant, the notice is 30 days on a Notice of termination (Form 1C). The tenant can stay until the vacate date, even past the end of a fixed term, cannot be forced to leave early, and must never be forced out, or have the locks changed, without a court order. The new owner takes on the landlord’s responsibilities.
The ACT’s notice for ending a tenancy because of a sale is not covered here.
1EHanding the tenancy over
QLDThe tenant receives an attornment notice, a letter naming the new owner, their details and where to pay rent, and a Change of property manager/owner (Form 5) goes to the RTA to update the bond record. The 12-month limit on rent increases carries across the sale: the buyer cannot raise the rent until 12 months after the current amount became payable.
SAOnce a contract of sale is signed, the landlord must tell the tenant in writing the buyer’s name and the date rent starts going to the new owner, at least 14 days before settlement, or as soon as possible if settlement is sooner.