Wanting to Sell Your Rented Property? Read This

A tenanted home can be sold, but the sale campaign needs to respect the tenant’s rights. Review the lease and lawful access arrangements before booking photography, inspections or a settlement date.

A sale does not automatically end the lease

Do not assume the tenant can leave any fixed-term agreement without consequences whenever the owner decides to sell. Specific statutory grounds, notices, an agreed surrender or other applicable rules may permit termination. Likewise, an owner cannot promise vacant possession without checking how the tenancy can lawfully end.

Arrange buyer inspections

NSW requires written notice of the intention to sell at least 14 days before the premises are first made available to prospective buyers. Work with the tenant on inspection times; where times cannot be agreed, apply the statutory inspection limits and notice requirements. Distinguish sale inspections from routine inspections.

Respect privacy in marketing

Rules govern access for interior photography and the opportunity to move belongings out of view. Before publishing interior images showing a tenant’s possessions, obtain the required written consent. A right to enter for photographs is not blanket permission to publish private belongings.

Coordinate the handover

Give your solicitor or conveyancer the lease and tenancy details. Confirm whether the proposed sale is subject to the tenancy, how rent and bond records will transfer, and what the contract requires at settlement. Keep the tenant informed through clear, documented communication.