STEP 2: CONFIRM VIEWING ACCESS ARRANGEMENTS
While tenants must allow reasonable access, it’ s best to confirm agreed times for viewings or open homes in writing. This helps prevent misunderstandings and supports a smoother process if Tenancy Tribunal involvement becomes necessary later on.
STEP 3: LIST AND MARKET THE PROPERTY
Begin marketing the property, ensuring the tenant’ s right to quiet enjoyment is respected and open communication is maintained throughout the campaign.
STEP 4: ONCE THE SALE GOES UNCONDITIONAL- WHAT NEXT?
Fixed term tenancy
MOVING BACK INTO YOUR PROPERTY
If a landlord or a family member intends to move into the property as their primary residence, the tenant must be given at least 42 days’ notice. This notice can be served at any time during a periodic tenancy. However, for fixed-term tenancies, tenants are entitled to remain in the property for the full duration of the agreed term, regardless of the landlord’ s circumstances.
To meet the requirements under this specific notice, the landlord or family member must move in within 90 days of the tenancy termination date and reside in the property for at least 90 consecutive days.
SELLING A TENANTED PROPERTY
• If the buyer requires vacant possession. Tenants are entitled to remain until the end of their fixed term unless they agree otherwise. Notice of termination can be issued no more than 90 days and no less than 21 days before the tenancy ends
• If the tenancy is to continue. Provide the tenant with the new owner’ s contact details or confirm who will manage the property going forward.
Periodic tenancy
• If the buyer requires vacant possession. The landlord must give the tenant 42 days’ written notice( plus four days for service) after the sale becomes unconditional
• If the tenancy is to continue. Ensure the tenant receives updated contact details for the new owner or property manager.
When selling a rental property with a sitting tenant, landlords must follow the correct legal process to protect the tenant’ s rights and ensure a smooth sale.
While the initial steps remain the same no matter the tenancy type, once a sale is unconditional different steps must be followed depending on whether the tenancy is fixed-term or periodic.
STEP 1: NOTIFY THE TENANT OF THE UPCOMING SALE
Inform the tenant in writing that the property will be listed for sale. This is a good time to outline expectations for access and discuss whether a buyer is likely to require vacant possession.
LANDLORD INFORMATION GUIDE 13