On this page you will information about:
Open inspections
For sale signs
Photographs
Ending a lease because the property will be or has been sold
Purchasing a private rental property
Open inspections
If you want to sell a property that you are renting out, it is a condition of the lease agreement that you can show the property to prospective purchasers. You must give the tenant reasonable notice before you do this. What may be considered reasonable depends on the circumstances of everyone affected by the sale.
As a general guide it may be reasonable to:
- have one open inspection per fortnight after giving the tenant at least four days' notice
- have two inspections per week by appointment only after giving the tenant at least 24 hours' notice
- have five open inspections and the auction day if you are auctioning the property.
The tenant has the right to remain at the property during open inspections.
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For sale signs
You are allowed to place a for sale sign at the property unless the tenant can demonstrate that it would interfere with their reasonable peace, comfort or privacy.
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Photographs
You may take photographs or video footage to advertise a property for sale. The tenant can refuse to have their personal possessions photographed or videoed. A photograph of an area not identifying the tenant's possessions is acceptable - eg bathroom.
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Ending a lease because the property will be or has been sold
How and when you can ask a tenant to leave the tenancy will depend on the lease agreement signed at the start of the tenancy.
If the lease agreement is for a fixed term you must allow the tenant to remain at the property until the end date stated on the agreement. You can’t force a tenant to leave before this date. If you would like a tenant to move out before this date you can try to negotiate this with them.
If the lease agreement is periodic and a contract of sale has not been signed you can give the tenant 90 days' written notice to end a periodic agreement (PDF 249KB) to end the lease.
If a contract of sale has been signed and it is a condition that vacant possession of the property is given to the new owners you can give the
tenant 60 days’ written notice to end a periodic agreement (PDF 249KB).
For an alternative versions of these documents contact Consumer and Business Services (CBS) tenancies branch.
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Purchasing a private rental property
If you have purchased a property that is currently rented out on a fixed term lease of more than 12 months you may be able to ask the tenant to leave if the lease:
- isn’t registered on the title
- isn’t protected by caveat.
The tenant can lodge an application with the Residential Tenancies Tribunal against their original landlord. They can’t take action against you if you have just purchased the property.
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More information
On this site
Buying and selling
Ending a lease agreement and evictions
Downloads
Information about open inspections (PDF 92KB)
For an alternative version of this document contact Consumer and Business Services tenancies branch.
Contact
CBS