Selling a Tenanted Property in WA: Notice, Access & Bonds
Selling a WA rental with tenants? Learn fixed-term and periodic rules, 30-day vacant-possession notice, Form 19 access, buyer inspections and bond changes.
You decide to sell your rental property.
The tenant still has eight months left on their lease. Your sales agent wants photos next week. The buyer wants vacant possession.
The tenant says:
“You can’t make me leave just because you’re selling.”
Depending on the tenancy, they may be right.
Selling a rental property in Western Australia does not automatically end the tenancy.
The rules depend on whether the tenancy is fixed-term or periodic, whether the property is being sold with the tenant remaining, whether the contract of sale requires vacant possession, when the fixed term ends, how access for photographs and inspections is handled, and whether bond records need to be updated after settlement.
For landlords, the important point is simple:
The sale process and the tenancy process are connected, but they are not the same thing.
Important: This article provides general information about residential tenancies in Western Australia and is not legal advice. Notice rules can be highly dependent on the tenancy type, dates and terms of the sale contract, so always check current WA Consumer Protection guidance before issuing a notice.
Can a landlord sell a rental property while it is tenanted?
Yes.
There is nothing unusual about selling a property while a tenant is living there.
The property can potentially be sold with the tenancy continuing or with vacant possession required at settlement.
If the buyer purchases the property subject to the existing tenancy, the tenancy does not simply disappear because the owner’s name changes. The new owner takes over the landlord’s responsibilities.
Does selling the property automatically end the lease?
No.
A sale does not itself terminate the tenancy.
Consumer Protection’s current guidance says that a fixed-term agreement does not end because the home is sold.
So if a tenant has a fixed-term lease ending on 31 March and the property is sold in December, the sale does not automatically require them to leave in December.
If the buyer is purchasing subject to the tenancy, the new owner generally steps into the landlord’s position.
What if the property is sold with the tenant staying?
This is often the simplest arrangement from a tenancy perspective.
The tenant continues living in the property under their existing rental agreement. The ownership changes. The tenancy continues.
The tenant should be given updated information about who the new landlord is, where rent should be paid, who manages the property, contact details for repairs and notices, and any change of property manager.
Do not leave the tenant guessing where next week’s rent is supposed to go.
What happens to the bond when the property is sold?
The bond does not need to be released simply because ownership changes.
Instead, the bond record needs to reflect the new ownership.
Consumer Protection says bond details must be updated when there is a change of landlord or managing agent.
Where an agent manages the property, BondsOnline can be used to transfer the bond details when ownership changes.
Importantly, tenants do not need to approve a bond variation where the only change is the owner or agent. They are notified and receive an updated bond certificate.
For broader bond handling, see LandlordLogic’s rental bond guide.
What if the buyer wants vacant possession?
This is where the tenancy type becomes critical.
You cannot simply write “The property has sold. Please leave in 30 days” and assume that works in every tenancy.
Different rules apply to periodic and fixed-term agreements.
Selling a property with a periodic tenancy
A periodic tenancy has no fixed end date.
Under current WA Consumer Protection guidance, if the home has been sold and the contract requires the property to be vacant, the landlord can give the tenant at least 30 days’ notice using Form 1C — Notice of termination.
There are two important elements:
The property has been sold.
and
The sale contract requires vacant possession.
Simply deciding that you would like to sell the property does not itself create the 30-day sale termination ground.
For Form 1C generally, see LandlordLogic’s WA tenancy-ending guide.
What if the property is only listed for sale?
Listing the property and selling the property are not the same thing.
The sale-specific 30-day vacant-possession rule applies where the property has been sold and vacant possession is required under the contract.
If the property is merely being advertised, the tenancy continues.
Current WA law still separately permits a landlord to end a periodic tenancy without grounds using 60 days’ notice, although reforms have been announced that are intended to remove no-grounds terminations in a future phase of tenancy-law reform.
This is an area landlords should date-check before serving any future notice because the law is expected to change.
Selling during a fixed-term tenancy
A fixed-term tenancy is different.
Consumer Protection is explicit:
A fixed-term agreement does not end because the home is sold.
If the buyer requires vacant possession, the landlord cannot simply terminate the fixed-term agreement halfway through because a sale has taken place.
The tenant is generally entitled to remain until the fixed term ends unless another lawful termination ground applies or everyone agrees otherwise.
Can settlement happen before the fixed-term lease ends?
It can, provided the buyer is accepting the property with the tenancy continuing.
In that case, the buyer becomes the new landlord.
But if the contract requires vacant possession, settlement must be coordinated with the fixed-term end date and the required termination notice.
The sale contract and tenancy dates therefore need to be coordinated carefully.
This is something landlords should resolve before promising vacant possession to a buyer.
What if the buyer wants to move in before the fixed term ends?
The landlord cannot force the tenant to end the fixed term early just because that would suit the buyer.
One option is to negotiate a mutual written agreement with the tenant to end the tenancy early.
The tenant is not obliged to agree.
A negotiated early end might involve moving costs, a rent concession, compensation for inconvenience or another agreed arrangement. There is no universal statutory dollar amount that automatically applies.
Can the landlord enter to take sale photos?
A landlord does have rights of entry connected with selling the property.
Consumer Protection’s current entry guidance recognises access for taking photographs for advertising a property for sale or rent, showing the property to prospective buyers, valuers and lenders.
But the property is still the tenant’s home.
That means the normal entry and privacy rules apply.
Do you need Form 19 for buyer inspections?
Yes.
WA landlords must use Form 19 — Notice of proposed entry to premises for specified types of access, including showing the property to prospective buyers.
LandlordLogic’s detailed Form 19 notice-of-entry guide explains the broader entry process.
Do not assume that because the property is being sold, the sales agent can simply arrive whenever they have a buyer.
How much notice is required for prospective buyers?
For showing a property to prospective buyers, Consumer Protection describes the requirement as reasonable written notice.
That is different from some other access categories where legislation specifies a precise number of days or hours.
Good practice is to give as much notice as reasonably possible rather than interpreting “reasonable” as “the shortest notice I can get away with”.
Can the tenant negotiate inspection times?
Yes.
If the tenant says the proposed time is inconvenient, the landlord or agent must make a reasonable effort to negotiate a more suitable time.
This matters particularly where the tenant works night shift, has a newborn, works from home, has health issues, has an important event scheduled or has another genuine reason the proposed time is particularly disruptive.
Selling the property does not suspend the tenant’s right to reasonable privacy and quiet enjoyment.
When can the landlord or sales agent enter?
Entry generally needs to occur at a reasonable time.
That means 8am to 6pm on a weekday or 9am to 5pm on a Saturday, unless the landlord and tenant agree to another time.
A Sunday inspection may be possible if the tenant agrees. It should not simply be imposed.
Does the tenant have to leave during an open home?
No.
A tenant has the right to be present when the landlord enters the rental property.
A landlord cannot insist “You need to leave for two hours while we conduct the home open.”
The tenant may choose not to be present, but it remains their home during the tenancy.
Can the landlord enter if the tenant is not home?
Potentially, yes.
If valid notice has been given and the entry is otherwise lawful, the landlord or authorised person can generally enter even if the tenant is not home.
Tenants do not have to be present, and they cannot unreasonably delay lawful inspections or other authorised visits.
That does not remove the landlord’s obligation to give the correct notice first.
What about repeated home opens every weekend?
A sale campaign can create tension very quickly if access becomes excessive.
A tenant still has a right to quiet enjoyment of their home.
A sensible sales strategy should balance legitimate buyer access, adequate notice, reasonable scheduling, the tenant’s work and family arrangements, and the frequency of visits.
A cooperative tenant can make a sale much easier. Burning that goodwill during week one of the campaign rarely helps anyone.
Should landlords use one Form 19 for multiple home opens?
Use the form exactly as required for the proposed entry.
Consumer Protection warns landlords and agents not to alter or remove content from prescribed access forms, as doing so may make the notice invalid.
Do not invent blanket wording such as “Entry permitted every Saturday between now and settlement.”
Follow the actual Form 19 process for the proposed access.
Can the tenant refuse buyer access completely?
A tenant cannot simply block lawful access indefinitely.
The landlord has statutory entry rights when the proper process is followed.
But the tenant can object where proper notice was not given, the entry is outside permitted times, the proposed day is a public holiday, or the notice or process is defective.
The practical solution is usually communication rather than escalation.
What should you tell the tenant when you decide to sell?
Do not let the tenant discover the property is for sale when they see a sign outside or find the listing online.
A short written explanation should cover:
- that you intend to sell;
- whether the property is initially being marketed subject to the tenancy;
- who the sales agent is;
- how requests for access will be handled;
- how much notice you intend to provide where possible;
- whether photographs will be required; and
- that the tenant’s existing rights continue.
Avoid saying “You’ll definitely have to move in 30 days” before you even have a sale contract.
What happens to rent after settlement?
If the tenancy continues, the tenant keeps paying rent.
What changes is who receives it.
The tenant should be given clear instructions about the settlement date, new landlord or managing agent, new rent payment details if applicable, and the effective date of those instructions.
LandlordLogic’s WA rent-payments guide covers the general rules around payment arrangements.
What happens to rent paid in advance?
Rent paid in advance is not free money for the outgoing landlord.
Settlement adjustments between buyer and seller should account for rent relating to the period after ownership changes.
From the tenant’s perspective, their existing rent credit should remain intact.
Good settlement records and a clean rental ledger make this much easier.
What records should the seller hand over?
If the tenancy continues, the incoming landlord or managing agent needs enough information to administer it properly.
That usually means appropriate transfer or handover of:
- the tenancy agreement;
- current rent ledger;
- bond details;
- property condition report;
- inspection records;
- maintenance history;
- current tenant contact details;
- outstanding repair requests;
- approved pets or modifications;
- current notices; and
- any active disputes or agreements.
Selling the asset does not make unresolved tenancy obligations disappear.
What if there are repairs outstanding when the property is sold?
They still matter.
If the tenant has already reported a repair issue, selling the property does not erase the maintenance obligation.
The seller, buyer and property manager should make sure there is a clear handover of outstanding repairs.
For urgent matters, the statutory repair timeframes continue to apply.
LandlordLogic’s urgent repairs guide covers those rules.
Should you complete a final property condition report when ownership changes?
Not merely because the property was sold if the tenancy itself is continuing.
A change of owner is not the same as the tenant vacating.
The existing tenancy records and original condition evidence remain relevant.
When the tenancy eventually ends, the condition of the property will still need to be assessed against the appropriate tenancy records.
What if the tenant moves out because of the sale?
If the tenancy is lawfully ending and the tenant vacates, then the normal end-of-tenancy process applies.
That includes final inspection, property condition evidence, keys, rent reconciliation, cleaning or damage issues, and bond release.
LandlordLogic’s bond evidence guide is useful at that stage.
A practical workflow for selling a tenanted WA property
Before listing, establish exactly what tenancy you have.
Confirm whether it is fixed-term or periodic and record the relevant dates.
Then decide whether you are selling subject to the tenancy or intending to offer vacant possession.
If you need vacant possession, make sure your sales agent and settlement agent understand the tenancy constraints before the property is marketed or a contract is accepted.
During the campaign, use Form 19 correctly for required access, give reasonable notice, keep visits within lawful times and work with the tenant where scheduling causes genuine inconvenience.
Once the property sells, determine whether the tenancy continues with the buyer or a valid termination process is required.
If the tenancy continues, update owner details, payment instructions, management contacts, bond information and tenancy records.
Treat tenancy handover with the same care you give financial settlement.
Common landlord mistakes when selling a tenanted property
Assuming the sale cancels a fixed-term lease. It does not.
Promising vacant possession without checking the tenancy dates. That can create a serious problem between seller, buyer and tenant.
Using the 30-day sale rule before the property is actually sold. The sale-specific rule applies where the property has been sold and the contract requires vacant possession.
Telling a fixed-term tenant they must leave in 30 days regardless of their lease end date. A fixed-term agreement generally survives the sale.
Letting the sales agent enter whenever they want. Tenancy access rules still apply.
Forgetting Form 19. Buyer inspections are still entries into somebody’s home.
Demanding that the tenant leave during home opens. The tenant has a right to be present.
Refunding the bond because ownership changed. If the tenancy continues, update the bond ownership details instead.
Failing to transfer maintenance history. The new owner needs to know what obligations they are inheriting.
Leaving rent payment instructions until after settlement. Tell the tenant clearly who receives rent and from what date.
A tenanted sale works best when nobody is surprised
A landlord is entitled to sell their property.
A tenant is entitled to the benefit of the tenancy agreement they already have.
Those two things can exist at the same time.
The problems usually start when someone assumes the sale overrides the tenancy.
It does not.
For a smooth sale, establish early:
What type of tenancy is in place?
Does the buyer require vacant possession?
Can vacant possession lawfully be delivered on the proposed settlement date?
What notice will be required?
How will inspections be managed?
Will the buyer inherit the tenancy?
Who will update the bond and rent-payment records?
Answer those questions before contracts are signed and the sale becomes much easier to manage.
For current official guidance, see WA Consumer Protection — Landlord ending a tenancy, Rent inspections and privacy rights, and Changing a bond.
Selling or managing a WA rental? Explore LandlordLogic’s practical guides and free resources for notices, access, bonds, rent and tenancy records — so the property transaction does not create a tenancy problem.