Selling Rental Property Tasmania: Notice to Tenant Requirements

Selling a rental property in Tasmania does not automatically entitle you to terminate the tenancy. The Residential Tenancy Act 1997 sets strict conditions — and the biggest one catches landlords by surprise: you cannot serve a valid Notice to Vacate until you have a signed contract of sale.

The Executed Contract Rule

Under Section 42(1)(d), a landlord can terminate a non-fixed term tenancy on the ground that the property is being sold or transferred. But there is a hard prerequisite: a legally binding, signed contract or agreement to sell must already exist.

This means:

• Listing the property with an agent is not enough
• Getting a market appraisal is not enough
• Accepting a verbal offer is not enough
• Having a prospective buyer is not enough

Until the contract is signed by both parties, you have no legal basis for a sale-ground notice.

Attach the Proof

Section 42 also requires that proof of the agreement to sell be served along with the Notice to Vacate. In practice, this means attaching a copy of the signed contract of sale to the notice. You can redact sensitive financial details like the purchase price, but the document must show that a valid agreement to transfer ownership exists.

Serving a notice without the contract attached — even if a contract exists — makes the notice defective. The Magistrates Court will not grant an Order for Vacant Possession based on a notice that lacks required attachments.

42 Days, Non-Fixed Term Only

The sale ground carries a 42-day minimum notice period and applies only to non-fixed term (periodic) leases. If your tenant is on a current fixed-term lease, you cannot use the sale ground to terminate early. You would need to either wait for the fixed-term to expire (and serve a notice in the 42-to-60 day window) or negotiate a mutual termination with the tenant.

Many property sales in Tasmania are settled subject to vacant possession. If your settlement date is eight weeks away and you have not yet served notice, the timeline is already tight. Factor in postal delivery time if you are not serving personally, and remember that the 28-day court application window follows the notice period if the tenant does not vacate voluntarily.

Showing the Property to Buyers

While a Notice to Vacate is in effect, you can show the property to prospective buyers. But access is strictly regulated under Section 56:

• 48 hours' written notice to the tenant for each inspection
• No more than once per day, no more than five days per week
• Only between 8:00 AM and 6:00 PM
• Open homes require the tenant's express written consent

You cannot hold open inspections without the tenant's agreement, even during a valid notice period.

Coordinate the Timeline

A common sequence: the landlord signs a contract with a 10-week settlement period, serves a 42-day notice immediately, and allows a buffer for the court process if needed. The total timeline from contract to potential bailiff enforcement can run 12–16 weeks or more, depending on whether the tenant vacates voluntarily.

For the full process — from pre-sale notice planning through to court enforcement — the Ending a Tenancy in Tasmania guide includes a sale-ground workflow with timeline calculations and a proof-of-service log.

See more Tasmania guides →