Tenant Rights When Your Landlord Sells the Property in NSW

One of the most important protections for tenants is that a fixed-term lease survives the sale of the property. When the property is sold, the new owner automatically becomes your landlord under the exact same terms — your rent does not change, your bond remains lodged with NSW Rental Bonds Online, and all the terms of your lease agreement continue.

The only exception is if the contract of sale requires vacant possession, in which case the landlord must issue a formal termination notice with the appropriate notice period.

The new owner cannot simply ask you to leave. They must follow the same termination process as any landlord under the Residential Tenancies Act. If the new owner wishes to move into the property themselves, they can issue a 90-day termination notice after settlement, giving you adequate time to find alternative accommodation.

Your landlord or their real estate agent must give you at least 14 days' written notice before conducting any inspection for the purpose of showing the property to prospective buyers. This applies to both private inspections (one-on-one viewings) and open homes (multiple viewers at scheduled times). The Residential Tenancies Regulation 2019 limits inspections to no more than two per week unless you agree in writing to additional inspections.

Inspections must be conducted during reasonable hours — generally between 8:00 am and 8:00 pm on weekdays, and between 8:00 am and 6:00 pm on weekends and public holidays. You are not required to keep the property in a show-home condition for inspections.

You must ensure the property is reasonably clean and tidy, but you are not obliged to remove personal belongings, de-clutter, or engage in additional cleaning beyond your usual standards.

If your landlord fails to provide adequate notice for inspections, conducts an excessive number of inspections, or otherwise interferes with your quiet enjoyment of the property, you may be entitled to compensation through the NSW Civil and Administrative Tribunal (NCAT).

Under Section 44 of the Residential Tenancies Act, you can apply to NCAT for an order reducing your rent (known as rent abatement) if the landlord's actions substantially interfere with your use of the premises.

NCAT can also award compensation of up to $15,000 for loss of amenity, inconvenience, or distress caused by the landlord's conduct. If you believe your landlord is deliberately making your tenancy uncomfortable to pressure you into leaving — a practice known as "constructive eviction" — document every incident with dates, times, and correspondence, and seek advice from the Tenants' Union of NSW or a community legal centre.

All property sales in New South Wales must follow the Conveyancing Act 1919 (NSW). This rule applies directly to your transition involving real estate transactions.

Sellers must attach specific documents to the Contract of Sale before advertising. These documents protect both parties.

For relationship separations, transfers comply with the Family Law Act 1975. For deceased estates, executors must obtain probate under the Succession Act 2006. The final transfer is settled securely online.

Property settlements in New South Wales must complete electronically. Conveyancers coordinate the transaction securely in the PEXA digital workspace. This workspace links banks, solicitors, and the land registry.

Funds are wired in real time. Outgoing mortgages are paid off instantly. The remaining cash goes directly to the seller's account. Title transfer occurs at the same time, ensuring total transaction safety.