Landlords must advise prospective tenants if they intend to sell the rental premises within 2 months of entering a new residential tenancy agreement, otherwise a tenant may terminate the agreement.
Upon advertising a rental premises, a landlord must display or distribute information that they intend on selling a rental premises within 3 months after the start of the lease agreement.
Selling a property during a lease agreement
The landlord must advise the tenant in writing within 14 days of entering into an agency agreement to sell the property. It can’t be advertised or shown to prospective buyers before the 14 days have passed.
If a contract of sale is signed, the landlord must advise the tenant in writing of the buyer’s name, and the date they must begin paying rent to the new owner. Written notice must be given at least 14 days before the settlement date, or as soon as possible if settlement is shorter than 14 days.
Open inspections
The property can be shown to prospective buyers no more than twice every 7 days, unless the tenant agrees to more often. If no agreement can be reached with the tenant regarding showing the property to prospective buyers during normal hours — 8 am to 8 pm, Monday to Saturday —the South Australia Civil and Administrative Tribunal (SACAT) may order that the tenant is unreasonably withholding their agreement.
Dates and times for showing the property should be agreed in advance.
Consider the rights of the tenant when opening for inspection
For sale signs
A for sale sign can be put up at the property unless the tenant can demonstrate that it would interfere with their peace, comfort or privacy.
Photographs
The landlord can take photographs or video footage to advertise a property but they are required to give the tenant 7 days notice of the entry onto the premises if they are to be published.
If a tenant’s personal possessions are to be photographed or videoed, the tenant is required to be given 7 days’ notice and must give their written consent.
Tenant ends the lease
The tenant can end the lease agreement if they weren’t notified of the intention to sell and a contract of sale is signed within 2 months of the lease starting.
In the above circumstances, if the tenant then receives written notice that the property is to be sold, the tenant has the right to end the lease within 2 months of the notice.
The tenant must advise the landlord in writing using the:
Notice to terminate the tenancy (general form) (209.2 KB PDF)
Landlord ends the lease
How and when the landlord can ask a tenant to leave, will depend on the lease agreement signed at the start of the tenancy.
Fixed-term lease
The tenant can legally remain at the property until the end date of the lease agreement. The landlord could try to negotiate if they would like the tenant to move out before this date, unless clauses requiring possession of their property or a required ground for termination apply.
More information is available in the Terminating a tenancy fact sheet (290KB PDF).
Periodic lease
If a condition in the contract of sale states that vacant possession is given to the new owners, the landlord needs to give at least 60 days' written notice to end a periodic lease agreement (269.9 KB PDF).
