What Are My Rights When My Landlord Sells The Property?

Finding out your rental is being sold can be stressful. You might be wondering when you’ll need to move, how often people will be coming through your home, and what will happen to your lease.

It’s a common situation across Western Australia, especially in the current property market. While the property may be changing hands, your tenant rights don’t simply disappear.

In most cases, your lease continues, your protections remain in place, and there are clear rules around how the sale process must be handled. That includes notice requirements, inspections, and what can and cannot change during the process.

Understanding your rights as a tenant helps protect you during the property sale. If you believe your rights are being affected, be sure to reach out to a member of our team for support.

What happens when your rental is being sold?

When your landlord decides to sell, the process unfolds over several stages, including notification & preparation, inspections & home opens, and eventually settlement and ownership transfer.

In Western Australia, your rights are governed by the Residential Tenancies Act 1987 (WA), which sets out the rules around notice, access, and how your tenancy must be managed throughout the sale process.

Notification & Preparation

The process usually begins when you’re notified that the property is being sold. While this can feel unsettling, your existing lease remains legally binding, and the terms of your agreement do not change unless both you and your landlord agree to terminate it early.

Inspections & Home Opens

This is often the most disruptive phase, but it is strictly regulated to protect your privacy.

• Notice Requirements: You must be given written notice before any inspection. In Western Australia, this is generally at least 24 hours’ notice, and the notice must be reasonable in the circumstances.
• Reasonable Access: Inspections must occur at reasonable times. You have the right to be present, though you are not required to be.
• Frequency: If the number of home opens becomes excessive, you can negotiate their frequency with your landlord.

Under Contract / Settlement

Once an offer is accepted, the property is considered “under contract”. Your tenancy will still be valid depending on the type of lease you have entered into.

• Fixed-term Leases: If you are on a fixed-term lease, the new owner must honour the remainder of your contract. They cannot evict you simply because they bought the house.
• Periodic Leases: If you are on a month-to-month tenancy agreement, the landlord may issue a notice to vacate if the buyer requires vacant possession. In Western Australia, the required notice period will depend on the circumstances and must comply with the Residential Tenancies Act 1987.

Understanding your rights is the first step, but if you’re also looking for professional guidance on the transaction side, our team provide property settlement services to ensure a smooth change of ownership.

Ownership Transfer

On settlement day, the new owner becomes your landlord.

• Same terms: Just because you have a new landlord, your rent, bond and current lease conditions remain exactly the same.
• Bond security: Your bond stays held with the bond administrator. It is simply updated to reflect the new owner/agent details.

Your rights during inspections and home opens

Inspections and home opens are often the most disruptive part of a sale. It’s natural to feel like you have less control during this time, but there are clear rules in place to protect your space and your routine.

Agents can arrange inspections while the property is on the market, but they must give you proper written notice before entering.

In Western Australia, entry is generally limited to reasonable hours, typically between 8 am and 6 pm during the day or between 9 am and 5 pm on a Saturday, unless you agree otherwise. You should not be asked to accommodate inspections late at night, early in the morning, or at times that significantly disrupt your day.

You can have a say in how inspections are managed. If the timing or frequency is becoming difficult, you can:

• Ask for inspections to be grouped into set times or specific days
• Request reasonable limits on how often the property is shown
• Raise concerns if access is becoming excessive or disruptive

What is considered reasonable vs unreasonable during inspections

It can be helpful to understand what reasonable looks like. The table below gives a general guide. If you feel as though your landlord has set unreasonable requests, contact one of our property lawyers today.

 

	Reasonable	Unreasonable
Written notice	Written notice provided in advance	Same-day or verbal-only notice
Inspection times	Standard daytime hours	Late nights, early morning or outside agreed times
Inspection frequency	A couple of inspections per week	Daily inspections or constant requests
Home opens	Scheduled within set times, with written notice provided	Frequent, or last-minute open homes
Entry to the property	Entry with prior notice and purpose	Entering without notice or consent
Impact on your routine	Minimal disruption	Ongoing disruption to work, family or privacy

Does your lease agreement end when the property is sold?

In most cases, no. Selling the property does not end your lease.

When a property is sold, the buyer steps into the role of landlord. This means they take over your existing tenancy agreement, including the rent, terms, and conditions already in place. However, depending on your lease agreement, the way this applies can differ.

Fixed-term lease

A fixed-term lease is a legally binding rental agreement with set start and end dates, typically spanning 6-12 months.

If you’re on a fixed-term agreement, you have the right to stay until the end of that term. The new owner must honour the lease as it is written, unless you agree to any changes.

Periodic lease

A periodic lease is a rental agreement with no set end date. It is often referred to as a “rolling” or “month-to-month” agreement.

If your lease is periodic, the new owner can end the tenancy. However, they must follow the correct notice requirements under WA law. You cannot be asked to leave without proper notice.

Notice requirements

When your rental is being sold, there are clear rules around notice and access. These rules are designed to protect your right to live in the property without unnecessary disruption, while still allowing the sale process to move forward.

When the property is listed

You must be told that the property is being offered for sale. This gives you clarity about what’s happening and prepares you for inspections or access requests.

Notice requirements for home opens and inspections

Access to your home must be handled reasonably and with proper notice:

• Tenants must be given reasonable written notice before each inspection, which is generally at least 24 hours in Western Australia.
• Entry must take place at a reasonable time of day
• Inspections must be reasonable in number and not excessive

This is still your home. You’re not expected to agree to constant or intrusive access.

Notice requirements for termination of the tenancy (if applicable)

If the property is sold and the buyer requires vacant possession, the notice period will depend on your agreement:

• Periodic lease: at least 30 days’ written notice is generally required
• Fixed-term lease: you can usually stay until the end of your agreed term, unless you agree to leave earlier

These requirements form part of Western Australia’s tenancy laws and must be followed before a tenancy can end.

Your rights and responsibilities during the sale

While the property is being sold, your tenancy continues as normal. Both you and the landlord are expected to meet your obligations.

As a tenant, you are expected to:

• Pay rent on time
• Keep the property reasonably clean and maintained
• Allow access for inspections with proper notice

At the same time, the landlord, property manager, or real estate agent must:

• Provide proper notice before entry
• Keep inspections reasonable
• Respect your right to quiet enjoyment of the property

If you feel your rights are not being respected, give our team a call today. Our Perth lawyers can support you at every stage of the selling process to help protect your rights and privacy.