Selling a Rental Property in WA: Tenant Notice Rules for Landlords

Selling a rental property in Western Australia does not automatically end the tenancy. The buyer inherits the lease, and the tenant's right to occupy does not evaporate because ownership changes hands. If you need vacant possession for settlement, the rules depend entirely on whether the tenancy is periodic or fixed-term.

Periodic Tenancy: The 30-Day Sale Notice

Under Section 63 of the Residential Tenancies Act 1987, a landlord can terminate a periodic tenancy by serving a Form 1C notice giving a minimum of 30 days to vacate. Two conditions must be met:

1. You have an executed contract of sale (signed, not just listed)
2. The contract explicitly requires vacant possession at settlement

If either condition is missing — the property is merely listed, or the contract does not condition settlement on vacant possession — you cannot use s 63. Serving a false or misleading s 63 notice is an offence carrying a maximum penalty of $10,000.

The 30-day s 63 notice is faster than the general 60-day no-grounds notice under s 64. But it is narrower: it only applies to periodic tenancies with a genuine executed contract requiring vacant possession.

Fixed-Term Tenancy: The Lease Survives the Sale

A fixed-term lease binds the property, not the person. When you sell a tenanted property with time remaining on the lease, the buyer steps into your position as landlord and the tenant continues under the same terms until the fixed term expires.

There is no statutory provision in WA that allows a landlord to break a fixed-term lease early because of a property sale.

Your options during a fixed term:

• Sell with the tenant in place — the buyer inherits the lease and the rental income. Some investors prefer buying tenanted properties.
• Negotiate a mutual written surrender — the tenant agrees in writing to vacate early. This is a negotiation, not a right. The agreement must be signed by all parties named on the lease and specify the vacate date, rent adjustments, and any compensation.
• Wait for the fixed term to end — serve a 30-day Form 1C under s 70A before the lease expiry date to prevent rollover into a periodic tenancy.

Planning the Sale Timeline

If you know you want vacant possession:

Periodic tenancy: Exchange contracts with a vacant possession clause, then serve the 30-day Form 1C notice under s 63. Work backwards from the settlement date — you need 30 full days of notice plus postal transit time if serving by post.

Fixed-term expiring before settlement: Serve a 30-day s 70A notice before the lease end date. If the tenant vacates, the property is empty for settlement. If the tenant does not vacate, you may need the Magistrates Court — which adds weeks to the timeline.

Fixed-term expiring after settlement: Either negotiate an early surrender with the tenant, sell with the tenant in place, or push the settlement date past the lease expiry.

Tenant's Right to Leave Early

After receiving a s 63 sale notice, the tenant may serve their own Form 22 notice giving 21 days' notice to leave before the landlord's vacate date.

If the Tenant Does Not Leave

If the tenant remains past the vacate date on a valid notice, file a Form 12 through the eCourts Portal. The Magistrates Court reviews the notice and, if satisfied, issues a possession order enforceable only by a court Bailiff.

The Ending a Tenancy in Western Australia guide covers the sale-termination process with a date-calculation worksheet and a copy of the s 63 requirements checklist — so you can confirm every element before you serve the notice.

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