Selling a Tenanted Property in NSW or SA – Getting It Right From Day One

If you are selling a tenanted property in NSW or SA and assume the lease is a minor detail, you may be setting yourself up for a dispute at settlement.

Buyers need clarity on whether they are getting vacant possession or the property “subject to tenancy”. If the contract and disclosure documents do not match the actual arrangements with the tenant, the buyer may claim compensation, delay settlement or insist on changes at the last minute.

Problems we see include:

• promising vacant possession when notice periods cannot be met in time

• failing to disclose existing leases, rent, or bond properly

• informal tenancy agreements that do not match what is written in the contract

We review your lease, your intentions for the tenant, and the relevant legislation in NSW or SA, then ensure the contract and disclosure reflect the true position. We also advise you on realistic timing for vacant possession if you intend to sell without a tenant.

If you have a tenant in place and are planning to sell, please send us a copy of the lease and your proposed timing so we can structure the contract correctly before it is issued to any buyer.

Disclaimer: This is general information only and does not take into account your specific circumstances. Every property and transaction is different. We can only confirm how this applies to you after you contact us and we review your matter on a case‑by‑case basis.