Selling a Rental Property in South Australia — Notice Requirements for Landlords

Selling a tenanted rental property in South Australia requires at least 60 clear days' notice on the correct prescribed form, with evidence that the sale is genuine. The rules changed in two stages — July 2024 (no-grounds abolition) and September 2025 (sales agency agreement option) — and a landlord who follows pre-reform processes will serve an invalid notice.

Two Lawful Triggers for a Sale Notice

Under Section 81(1)(a) of the Residential Tenancies Act 1995, there are now two documentary triggers for a sale-related termination. You can serve notice based on either one, but not on an intention to sell alone.

Executed contract of sale. You have a binding, signed contract of sale requiring vacant possession. Attach a copy of the signed contract (financial terms may be redacted) to the notice.

Signed sales agency agreement. Since 1 September 2025, you can serve notice once you have formally engaged a registered land agent. Attach a copy of the signed, dated sales agency agreement with the registered land agent. This was introduced so landlords do not have to accept an offer contingent on vacant possession before they can give the tenant notice.

What does not count: placing a "for sale" sign, listing the property on a portal, or telling the tenant you plan to sell. None of these constitutes the documentary evidence the Act requires.

Which Form and How Much Notice

Periodic tenancy: Form 7, 60 clear days. The notice must specify the sale ground, cite Section 81(1)(a), and attach the contract or agency agreement.

Fixed-term tenancy: Form 9, 60 clear days before the end of the fixed term. The notice must cite a Regulation 25 prescribed ground (sale) and attach the same evidence. A fixed-term lease cannot be terminated mid-term for sale — the notice can only take effect at or after expiry.

The 60 days are clear calendar days under Section 3(3). The day the tenant receives the notice does not count, and the termination date on the notice must be the day after the 60th clear day. If you serve by post, add at least 2 to 4 business days for Australia Post delivery within South Australia before Day 0 begins.

The Six-Month Re-Letting Ban

After terminating a periodic or fixed-term tenancy for sale, the landlord must not grant a new tenancy to anyone for residential use within six months of the date vacant possession is delivered. This restriction applies whether or not the sale completes. Advertising or re-leasing the property within the six-month window without SACAT approval is a statutory offence.

The calculation date was clarified in January 2026: the six months run from the date of termination (when the tenant actually vacates), not from the date the notice was served.

If the sale falls through and you need to re-let the property before the six months expire, you must apply to SACAT and demonstrate exceptional, unforeseen circumstances — such as sudden financial distress or a medical emergency — to obtain permission.

Selling with a Tenant in Place

Not every sale requires vacant possession. If the buyer is purchasing the property as an investment and is willing to take on the existing tenancy, there is no need to terminate. The tenancy transfers to the new owner by operation of law, and the bond remains lodged with Residential Bonds Online.

If the buyer wants vacant possession but the tenant's fixed-term lease has not yet expired, the landlord cannot serve a mid-term termination notice for sale. The options are to negotiate a mutual termination agreement with the tenant (which may involve compensation) or to wait until 60 days before the fixed term expires and serve a Form 9.

Common Mistakes

Serving notice before signing a contract or agency agreement. A notice served on an intention to sell, without the required documentary attachment, is void. SACAT will not validate it retroactively.

Using the wrong form. A Form 8 (conduct grounds) cannot be used for a sale. A Form 7 cannot be used for a fixed-term tenancy. Either error invalidates the notice and forces a fresh notice with the correct form.

Miscounting clear days. Off-by-one errors are the most litigated technical defect at SACAT. One short day means the notice is void.

The Ending a Tenancy in South Australia guide includes a clear-day calculator, a notice service record for documenting the method and date of service, and the complete evidence checklist for each sale scenario.

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