Selling a Rental Property in the ACT: Notice to Tenant Requirements

When You Can Issue a Notice to Vacate for Sale

Selling a tenanted rental property in the ACT does not automatically entitle you to vacant possession. You can only issue a notice to vacate on the ground of sale if two conditions are met:

1. The tenancy is periodic — not fixed-term. If your tenant is still on a fixed-term lease, you cannot issue a sale-based notice to vacate until that term expires and the agreement rolls into a periodic tenancy.
2. You have an executed contract of sale that requires vacant possession at settlement. A listing agreement, an intention to sell, or an agent's appraisal is not enough.

The 8-Week Notice Period

Once you have the unconditional contract, you serve the tenant with a Notice to Vacate giving a minimum of 8 weeks (56 clear days). The clock starts the day after service — not the day you send or hand over the notice.

If you serve by post, add delivery days before the count begins:

• Standard post within the ACT: 4 business days
• Priority or registered post: 2 business days
• Personal delivery or email (with written consent): immediate

A notice posted by standard mail on a Wednesday adds 4 business days for deemed receipt, then 56 clear days from the next day after that. Miscounting by even one day gives the tenant grounds to challenge the notice at ACAT.

What You Must Attach

The notice form (from Access Canberra) must be accompanied by evidence of the executed contract of sale. This is not optional — serving a notice to vacate for sale without the contract attached is a common invalidating error.

Tenant Counter-Notice Rights

Your tenant has the right to leave before your 8-week period expires. Under the Standard Residential Tenancy Terms, they can:

• Give you at least 2 weeks' written counter-notice and leave early
• If giving counter-notice in the final 2 weeks of your notice period, they need only give 4 days' notice

Their rent obligation ends on the day they vacate under a valid counter-notice. This can work in your favour — early vacant possession means an earlier settlement.

Inspections During the Sale Campaign

While the tenancy is still running, your right to show the property to prospective buyers is governed by the standard terms. You must give the tenant written notice of each inspection and respect the statutory access windows. You cannot use the sale as a reason to conduct unlimited or unscheduled inspections.

If the Tenant Does Not Leave

If the notice expires and the tenant remains in the property, you apply to ACAT for a Termination and Possession Order ($195 filing fee for individuals with bond lodged). At the hearing, ACAT will check that your notice was correctly formed, correctly served, and that the contract of sale requires vacant possession. Settlement timing adds urgency here — a contested ACAT hearing can take 2–4 weeks to list.

If you are selling and need to get the notice right the first time, the ACT Ending a Tenancy guide includes the property sale workflow, date calculations, and the evidence checklist ACAT expects.

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