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S

Sale of property

If the landlord wishes to place the rented property on the market for sale, they must advise the tenant of this in writing.

To show the property to prospective tenants, purchasers or a registered valuer who is engaged in the preparation of a report, the landlord needs the prior consent of the tenant to enter the property. The tenant cannot unreasonably refuse consent but may attach reasonable conditions to their consent.

Tenants may not have to agree to open homes or auctions on site and can insist that the property be shown by appointment only. If a landlord wants to include open homes or an on-site auction in their sale plan, they should discuss this with the tenant first and get their tenant’s prior consent for specific dates and times for these to occur.

If the tenancy is for a fixed term, the property must be sold tenanted, unless the landlord and tenant come to an arrangement for early termination of the tenancy.

Unless the tenancy was terminated by agreement or notice, the new owner would inherit the tenancy agreement that was already in place and the vendor should provide a photocopy of the tenancy agreement to the purchaser.

The landlord must notify the tenants in writing that the property has been sold, who the new owner is, and when the new owner will take over. The new owner should advise the tenant in writing of their details, their address for service, when they take over, and where the tenant should pay the rent.

The landlord and purchaser should complete a change of landlord/agent form [PDF 146 KB, 2 pages] and forward it to the Department of Building and Housing to update the bond record. The landlords rights to the bond pass to the purchaser at the date of settlement or the date of possession whichever is the earlier.   

Serving notices 

Notice can be served by fax, email, post, giving the notice to the other party (either in person, by placing it in the letterbox or attaching it to the door of the property in a prominent position).

The Residential Tenancies Act states that you must allow a certain amount of time for the other party to receive your notice:

  • In general, if the notice or document is personally served (i.e. handed to the tenant or landlord) it is served immediately.
  • If it is delivered to the premises to which any address for service relates, and either left in the letter box or attached to the door of the property in a prominent position, it is served 2 working days after the date on which it was delivered.
  • If it is properly addressed and posted to the address or the Post Office box given as an address for service in accordance with this Act, it is deemed to have been served on the fourth working day after the date on which it was posted.
  • If it was transmitted to a facsimile number given as an additional address for service after 5pm, it is considered to have been served on the next working day after it was transmitted. If the fax was sent before 5pm it shall be deemed to be served on that day.
  • If it was emailed to an email address given as an additional address for service, it is considered to have been served on the second working day after the date on which it was sent.

These timeframes apply unless the person being served notice has evidence to the contrary – for example, the recipient provides evidence that the post was delayed or not received.

Note: The notice period does not commence until the day after the notice is deemed to be served. For example, if you have posted the notice to the other party the notice will be deemed to have been received by them on the 4th working day after you posted it. Your notice period will then start on the next day 5th day.

Notice to terminate a tenancy can be given on any day of any week to end on any day of any week regardless of when rent is normally paid, or the period that it usually covers.

Special rules apply when giving notice to terminate a tenancy in boarding house tenancies.

Important note for landlords: address for service requirements when a tenancy has ended.

If the tenancy has ended and the landlord is making a Tenancy Tribunal application, it is important to provide an address for service for the tenant so that they can be served with notices of mediations and Tenancy Tribunal hearings. If they cannot be served with these notices, then the Tribunal may not be able to hear the matter.

If you are applying within 2 months after the tenancy has ended, you can use the tenants address for service written on the tenancy agreement.

If you are applying more than 2 months after the tenancy has ended, you cannot use the address for service written on the tenancy agreement.

So that notices of mediations and Tenancy Tribunal hearings can be served on the tenant, you will need to provide:

  • a new contact address for the tenant, which was given to you in writing by the tenant within 2 months before you made the Tribunal application; or 
  • a physical address where the tenant now lives, or where notice can be served on the tenant personally; or 
  • the name and address of a solicitor or an agent that the tenant has authorised to receive service on their behalf.

Check out the information sheet ‘What to do when you don’t have the other party’s address for service’ for more information