Sale of a rental property

Winter 2017

There are protections in place to ensure the rights of tenants in the event of the property they’re renting being put up for sale.

It is important to note you can’t be evicted just because the 'For Sale' sign goes up outside.

That said, there are a number of different scenarios depending on the type of tenancy you have.

If you are on a fixed term agreement you can stay until the end of the fixed term, and if the property is sold the new owner will become your lessor/landlord.

If you are on a periodic agreement, and the new owner doesn’t want to continue renting the property (known as vacant possession) then you should receive a Notice to leave (Form 12), allowing at least 4 weeks’ notice after the signing of the contract for sale.

If the property is advertised for sale during the first 2 months of a fixed term agreement (including a renewal of a fixed term agreement) and you haven’t been given written Notice of lessor's intention to sell premises (Form 10) before entering into the agreement you can end the agreement by giving a Notice of intention to leave (Form 13) with 2 weeks’ notice.

If an agent wants to show the property to a prospective buyer they’ll have to give you a Notice of lessor’s intention to sell premises.

You are also entitled to receive at least 24 hours’ notice for each entry.

If the property manager/owner/agent wants to hold an open house or conduct an on-site auction they must have your written consent.

It’s also important to note that your privacy is safeguarded in the property marketing process.

Photographs that show any of the tenant’s possessions may not be used in advertising without your written consent.

For more information call the RTA direct on 1300 366 311.

The RTA is the Queensland Government statutory authority that administers the Residential Tenancies and Rooming Accommodation Act 2008. They provide tenancy information, bond management, dispute resolution, investigation, and policy and education services.