When you're selling a rental property in Adelaide or anywhere in South Australia, there are a few laws that landlords and tenants should be aware of.
Selling a rental property when it is still tenanted can go smoothly as long as there is clear and respectful communication between the landlord or the property manager and the tenant, and the tenant’s rights are taken into account with regard to South Australian residential tenancy laws.
If you’re wondering how to prepare your house for sale when you’re a landlord, you can chat with our property managers and sales agents who will be happy to share their insights.
There are a number of ways that property managers and sales agents can help to make the sale of a rental property less stressful for both the landlord and the tenants. For example, it may be less disruptive to list the home as one of our off market properties or don’t display a signboard, to help protect the tenants’ privacy.
They say that forearmed is forewarned, so let’s explore a few of the frequently asked questions that landlords and tenants have when it comes to selling a rental property.
Does a landlord have to tell the tenant that they are intending to sell the property?
Yes. When selling a property that is currently leased, the landlord must advise the tenant in writing within 14 days of entering into an agency agreement to sell the property. The property cannot be advertised or shown to prospective buyers before the 14 day period is up.
Does the landlord have to tell the tenant who the buyer is?
Yes. When a sales contract is signed, the landlord must advise the tenant in writing of the buyer’s name and the date that the rent must commence being paid to the new owner. This written notice must be given at least 14 days before settlement, or asap if settlement is less than 14 days.
Does a tenant have to agree to open inspections?
Tenants do have the right to refuse open inspections, but they cannot refuse inspections by appointment.
How often can the landlord/agency hold open inspections?
A rental property can be shown to prospective buyers no more than twice every 7 days, unless the tenant agrees to a more frequent schedule. The dates and times of open inspections or inspections by appointment must be agreed in advance.
Can landlords take photos or videos with the tenant’s possessions in them?
Landlords must provide tenants with 7-days notice of photos and/or videos being taken for marketing purposes. The tenant’s consent must be obtained if their personal effects are to be used in photos or videos.
Can you give a tenant notice to vacate when you are selling the rental property?
No. If the tenant is on a fixed term lease, they have the legal right to stay in the property until the lease expires. If the tenant is on a periodic lease however, the landlord can provide 60 days’ written notice to allow vacant possession to be taken by the new owner.
