Can I sell if the property is occupied by a tenant?

A question that we get asked regularly is “Can I sell while there is a tenant still in the property?”

The quick answer to this is yes.

If the tenant is on a fixed lease, you may sell the property to the purchaser “subject to existing tenancies”. If the tenant is not on a fixed lease, you may provide them with the relevant notices and a certain period of time to enable you to sell the property “with vacant possession” – without the tenant.

In either instance, certain conditions and disclosures need to be included in your sale contract.

Following settlement, the purchaser will automatically take on the role as the landlord, however, a letter is sent to the tenant on your behalf confirming this.

In the event you are purchasing property which is being sold with the current tenancy agreement in place, you should establish that the tenant is one you wish to retain.
• Do they pay their rent on time?
• Is the rent up to date?
• Are there any proceedings with the Tribunal?

If you are selling a property that is occupied by a tenant and would like some further information about the process, please don’t hesitate to contact Kenny Spring Solicitors on 6331 2911, We’re here to help.

From Rachael Thurn, Property Conveyancer, Kenny Spring Solicitors.

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Please note the answers provided are for your general information only and we ask that you call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.