Notice to Vacate due to Sale of Property

What is a notice to vacate due to sale of property?

A Notice to Vacate Due to Sale of Property is a formal legal document issued by a property owner or landlord to a tenant when the property is being sold and vacant possession is required. The document informs about all important information, including:

• details of the parties involved;
• information about the lease;
• last date of the lease;
• reason for termination;
• landlord’s signature.

Having a solid and well-written notice to vacate is mandatory in Australia when a landlord needs to remove tenants from the property. This notice can be used for fixed term or short-term residential lease agreements.

Who should use this landlord notice to vacate due to the sale of property?

This solid and professionally drafted template is the ideal legal solution for:

• property managers handling multiple tenancy terminations on a daily basis;
• property investors managing large portfolios of residential and commercial real estate;
• private owners willing to notify their tenants about the property being sold;
• landlords informing their tenants on vacation of the property;
• lawyers looking for a professionally drafted template of notice to vacate.

What should be included in this sample notice to vacate due to the sale of property?

A well-drafted notice to vacate sample must include important elements listed below:

• Landlord Details. The notice shall outline a landlord’s full name, ACN number (if a landlord is a company), mailing address and contact phone number.
• Tenancy Details. In this section of the letter, a landlord must outline details of an ongoing lease, including its type, date of signing, and full address of a property’s location.
• Reason for Termination. The text of a letter should clearly state that the property should be vacated due to its sale. The last date of the lease should also be provided in the document.
• Conclusive Remarks. In this part of the document, a landlord may thank a tenant for cooperation, as well as request to fulfil additional steps, such as clear the property, return the key, etc.
• Date and Sign. Once a landlord notice to vacate is ready, it should be signed and dated by a landlord.

Why choose this sample notice to vacate for Australian property?

This template provides lots of benefits, including:

• a document that is fully compliant with Australian state and territory residential tenancy acts;
• a notice written in a professional language;
• a document with a clear format;
• a notice drafted by legal professionals, and never by AI; and
• a document that is suitable for the Australian real estate market.

Checklist for Landlord Notice to Vacate Due to Sale of Property in Australia

Each Australian state and territory’s legislation varies depending on the notice period and rules which apply to the termination of an existing lease or tenancy due to the sale of property.

New South Wales (NSW)

According to the Residential Tenancy Act 2010, a notice to vacate due to the sale of property NSW should be sent as follows:

• Short-Term Tenancies. A sale of property itself cannot terminate the short-term lease agreement earlier. Therefore, if a landlord needs to notify about the end of the lease, they should send such a notice 60 days prior to the last day of the lease.
• Long-Term Tenancies. For long-term or periodic tenancies a longer notice period of 90 days is required.

Queensland (QLD)

By virtue of the Residential Tenancies and Rooming Accommodation Act 2008, a notice to vacate due to the sale of property QLD must meet the following minimum requirements:

• The change of ownership over the property does not end the lease itself;
• If the new owner wants to regain possession of a property, at least 90 days’ notice to vacate should be sent to a tenant after the sale is complete.

Victoria

A landlord notice to vacate due to the sale of property Victoria can only be created for long-term or periodic tenancies. Once a sale-purchase contract of real estate is finalised, a notice to vacate should be sent at least 60 days before the intended termination date.

South Australia (SA)

A notice to vacate sample should be sent at least 60 days prior to the required date to vacate. However, upon receipt of such a notice, a tenant has a right to terminate the lease earlier by sending just a 7-day prior notice.

Same as for other Australian states, in short-term tenancies a tenant may remain at the property till the end of the lease.

Tasmania

In Tasmania, a landlord’s notice to vacate cannot be sent solely due to the fact the property is being sold. If there are no other grounds for earlier termination, such as breach of the lease, a tenant has a right to remain in the property until the original end of the lease.

In that case, a landlord must serve a 42-day notice before the end of the fixed lease, informing a tenant in advance about the lease expiration.

Australian Capital Territory (ACT)

A sale of property notice to vacate for the landlord can be sent as follows:

Short-term lease or fixed-term lease. The sale of a property itself is not sufficient for ending the lease before the expiration date, unless a tenant commits another breach of the lease.

Long-term lease or periodic lease. In that case a 26-week prior written notice should be served.

Northern Territory (NT)

Termination of a short-term lease due to sale of property itself is not allowed. However, a notice to vacate due to sale of property is still possible for periodic leases, once a prior 42 days’ notice to vacate is being served to a tenant prior to the intended termination date.

How to customise this landlord notice to vacate with FasterDraft?

To get a fully customisable notice template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – sample notice to vacate PDF or Word.
4. E-sign the document online.
5. Make a payment.

The notice is ready for instant download immediately after the purchase.