Notice of intention to sell

What happens when your rental home is being sold. Even if you have a lease, your rental provider has the right to sell the property, but there are specific rules they must follow. Let’s walk through what you need to know and do in this situation.

Step 1: Understanding your rights and the rental provider’s obligations
If your rental provider plans to sell the property, they must follow strict legal requirements, especially when it comes to entering your home. They need to give you proper written notice before holding sales inspections or taking photos for advertising. They must also compensate you for any inconvenience caused by these inspections, with the amount being either half a day’s rent or $30, whichever is greater.

Step 2: Sales inspections and entry notices
If the rental provider wants to show the property to prospective buyers, they must provide you with a ‘notice of intention to sell’ at least 14 days before the first inspection. Additionally, they need to give you at least 48 hours’ notice before each inspection and must make reasonable efforts to agree on suitable times with you. Inspections cannot happen more than twice a week, and each can last no longer than an hour.

If the rental provider wants to take photos or videos for advertising, they must give you at least 7 days’ notice and try to agree on a time that works for you. You have the right to object to photos or videos that might reveal personal or sensitive information, and you can request to review them before they’re used.

Step 3: Moving out before the sale
You don’t have to move out just because the property is being sold. If the rental provider wants you to vacate, they must give you a notice to vacate with at least 60 days’ notice. If you’re on a fixed-term lease, the notice cannot require you to leave before the end of your lease unless you agree.

If you receive a notice of intention to sell and decide you want to move out early, you can do so by giving at least 14 days’ written notice. This won’t be considered breaking your lease, so you won’t be responsible for paying lease-breaking costs. However, you will need to continue paying rent until the date specified in your notice to vacate.

Step 4: Lease continuation and bond handling
If the property is sold and you remain in the home, your lease continues with the new owner under the same terms and conditions. Your bond remains with the Residential Tenancies Bond Authority (RTBA) until the end of your tenancy, and the new owner will take over the responsibilities of the rental provider.

We hope this guide helps you understand your rights and responsibilities when your rental home is being sold. By knowing what to expect and how to respond, you can ensure that your tenancy is handled smoothly and fairly during the sale process. If you have any questions or need further assistance, don’t hesitate to reach out to your property manager.