ACT Landlord Access Rights During a Property Sale: Inspections, Notices, and Tenant Obligations

Listing an occupied rental in the ACT means navigating two separate statutory tracks at the same time: the access regime (getting buyers through the door) and the termination regime (ending the tenancy for vacant possession). Confusing the two or skipping the notice requirements on either side is how property sales stall.

Inspection Access Under the Standard Terms

The Standard Residential Tenancy Terms (SRTT), mandatory in every ACT tenancy agreement, set out when and how a landlord can enter the premises. Before showing the property to prospective buyers, the landlord must notify the tenant in writing of the intention to sell, then give at least 48 hours’ notice for each inspection. A tenant need not agree to more than two inspections a week. The inspection time must be agreed with reasonable regard to both parties’ work and other commitments; either party can apply to ACAT if they cannot agree.

Access must be at a reasonable time. Unless the tenant agrees or urgent repairs or health and safety require it, the landlord cannot enter on Sundays or public holidays, before 8am, or after 6pm. The tenant cannot unreasonably refuse a buyer inspection, subject to the limit of two inspections a week without agreement.

Sale Is Not a Ground to Terminate a Fixed-Term Tenancy

A common misconception: listing a property for sale does not give the landlord a ground to end a fixed-term lease early. The landlord’s sale ground is in SRTT clause 96 and applies to periodic tenancies. A tenant may have a separate right to end a fixed-term agreement under RTA s 46B in specified sale or inspection circumstances.

If your tenant is on a fixed-term lease and you're selling, the buyer either takes the property with the tenant in place or the settlement date must fall after the tenancy ends and a valid termination has been completed.

The 8-Week Notice for Periodic Tenancies

Once a tenancy is periodic and you genuinely intend to sell, you can issue an 8-week Notice to Vacate under SRTT clause 96. The notice must include written evidence supporting the reason, such as a statutory declaration or sales contract.

Timing matters. The 8-week period starts the day after service (or deemed receipt if posted), and if the calculated expiry falls on a weekend or ACT public holiday, it rolls forward to the next business day under s 151 of the Legislation Act 2001. Post by standard mail and you add 4 business days for deemed delivery before the count even begins.

Balancing Access and Termination

While the notice period runs, the tenant still occupies the property and access rules still apply. You need separate notice for each inspection or open home. Attempting to pressure a tenant into granting blanket access, or entering without proper notice, constitutes a breach of the SRTT and can undermine your ACAT application if the tenant contests the termination.

If the tenant cooperates, coordinate inspection windows in advance and confirm each one in writing. If the tenant obstructs reasonable access, document the refusal — it may be relevant if the matter goes to ACAT, though obstruction alone is not a termination ground.

Pre-Sale Disclosure Obligations

If you offer the property for sale within six months after a fixed-term agreement starts, disclose the intended sale before entering the agreement; otherwise RTA s 46B may allow the tenant to end the agreement. Before buyer inspections, give the tenant written notice of your intention to sell.

The Practical Sequence

1. Decide whether the tenancy is fixed-term or periodic — this determines whether termination for sale is even available now
2. If periodic, secure the contract of sale, then serve the 8-week Notice to Vacate with the contract attached
3. Continue giving 48-hour written notice for each buyer inspection during the notice period
4. If the tenant does not vacate by the termination date, apply to ACAT for a Termination and Possession Order ($195 filing fee for an individual with a bond held)

Our ACT Ending a Tenancy guide covers the full sale-ground process, including a Notice Date Calculator Worksheet that accounts for postal allowances and public holidays.

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