Selling a tenanted property in WA means running a sale campaign alongside the tenancy agreement and the tenant’s right to quiet enjoyment. The property can be marketed while occupied, but access, photography, communication, possession and settlement need one coordinated plan. The lease position also shapes whether the likely buyer is an investor seeking continuity or an owner-occupier needing vacant possession.
This guide explains how WA landlords can review the tenancy, plan access, prepare records and align the sale contract with settlement.
Can you sell a property with tenants in WA?
Yes. A landlord can sell a WA rental property while it is tenanted. The sale does not, by itself, erase the tenancy or give unrestricted access to the home.
The buyer proposition depends on the lease and contract. A fixed-term tenancy, periodic tenancy and property promised with vacant possession can produce different obligations and timelines. Obtain property-management, settlement or legal advice before giving notices or promising a handover date.
For investment-focused sales, the apartments and investment property service can position the tenancy records and property fundamentals together.
What should a landlord review before appointing an agent?
Review the complete tenancy file before setting the campaign date. Confirm facts rather than relying on memory or a short management summary.
Collect:
- signed tenancy agreement and variations
- lease start and end dates
- rent amount and payment frequency
- rent ledger
- bond record
- property condition reports
- inspection and maintenance records
- current tenant contact process
- pet, parking or other permissions
- outstanding repairs or disputes
- property-management agreement
Ask the property manager to identify notices already issued and any commitments made to the tenant. The selling agent should know who may communicate, arrange access and hold keys.
Should the property be sold with the tenancy or with vacant possession?
The choice should match the likely buyer, tenancy position and seller’s timing. Selling with a stable tenancy may suit an investor who values documented income and continuity. Vacant possession may broaden appeal to owner-occupiers but can require more time and careful legal steps.
Compare:
- the remaining lease term
- tenant payment and care history
- current rent and review dates
- the property’s likely owner-occupier demand
- notice and termination rules
- presentation while occupied
- vacancy and holding costs
- settlement date flexibility
Do not promise vacant possession until the timing has been checked against the tenancy and sale contract. A settlement date agreed too early can put the seller in conflict with one or both agreements.
How should landlords communicate the sale to tenants?
Communicate early, clearly and through the correct person. Explain what is proposed, who will contact the tenant, how inspections may work and where concerns should be raised.
A practical opening communication covers:
- the decision to sell
- the appointed agent’s details
- likely timing
- the proposed approach to photography
- how written entry notices will be served
- preferred inspection windows
- how pets, security and alarms will be managed
- whether the tenancy is expected to continue
Do not imply that cooperation removes the tenant’s legal rights. A respectful plan often produces a more orderly campaign because the tenant knows what to expect and can raise scheduling issues early.
What notice is required for buyer inspections in WA?
Written notice is required before showing a rental home to prospective buyers. The WA Consumer Protection guidance on rent inspections and privacy says the notice must state the reason for entry using Form 19, Notice of Proposed Entry to Premises.
Consumer Protection also states that entry generally occurs between:
- 8 am and 6 pm on weekdays
- 9 am and 5 pm on Saturdays
- another time agreed between tenant and landlord
Entry cannot occur on a public holiday under the circumstances described in the guidance. A tenant may refuse entry if it is outside allowable times or proper written notice was not given.
The exact notice requirement and entry process depend on the purpose and current law. Use the current Form 19 and confirm timing with Consumer Protection or the property manager rather than copying an old campaign template.
Can an agent take advertising photos inside a tenanted property?
Tenant privacy must be considered before advertising photos or video are taken. Consumer Protection says the tenant should give permission for photos taken to advertise the home, and those images should not be used for another purpose.
Create a photography plan that addresses:
- date and duration
- which rooms and outdoor areas will be captured
- removal or blurring of family photographs
- documents, medicine, screens and identifying information
- valuable or sensitive possessions
- children’s rooms
- vehicle number plates
- security systems and access points
- whether older vacant-property images are accurate enough to use
The selling agent still needs truthful, current advertising. If old images materially misrepresent the property’s present condition, they should not be used without clear and appropriate context.
How can inspections be managed without overwhelming the tenant?
Group inspections into predictable windows where practical. Frequent ad hoc requests can disrupt quiet enjoyment and make presentation difficult to maintain.
Agree on a working protocol:
- nominate one contact person
- use a shared schedule
- serve every required notice correctly
- limit unnecessary agent attendance
- provide reasonable arrival and finish windows
- confirm whether the tenant will be present
- record keys and alarm instructions
- avoid photographing personal items during inspections
- follow up after any access problem
Consumer Protection says the tenant has the right to be present but does not have to be home if valid notice or agreement permits entry. It also says landlords cannot require tenants to leave during inspections or maintenance.
How should an occupied property be presented for sale?
Presentation expectations should be realistic and agreed. The tenant is responsible for the home under the tenancy, but the landlord should not assume an occupied property will be styled like a vacant display home.
Prioritise landlord-controlled work:
- complete outstanding repairs
- fix access, locks and lighting
- maintain agreed garden or common areas
- arrange compliant trades with proper notice
- supply clear storage or rubbish solutions where appropriate
- schedule photography after essential work
Discuss optional cleaning, gardening or other support openly. Put any agreement in writing, including who pays and what access is needed. Avoid financial pressure or promises that could create a tenancy dispute.
What information will an investor buyer want?
An investor buyer will assess both the property and the tenancy. Prepare accurate records subject to privacy obligations.
Likely questions include:
- current rent and payment frequency
- lease end date
- bond status
- included appliances and responsibilities
- maintenance history
- property-management fee and agreement
- strata levies and by-laws, if applicable
- council and water rates
- insurance considerations
- known upcoming costs
Share personal tenant information only where lawful and necessary. The agent, property manager and settlement adviser should coordinate how records are handled.
What needs to be coordinated before settlement?
Settlement planning should state whether the tenancy continues or vacant possession is required. The contract, property-management records and notices need to align.
For a continuing tenancy, coordinate:
- transfer of management instructions
- rent and bond records
- keys and access devices
- tenant notification of ownership or payment changes
- rent and other adjustments at settlement
- outstanding maintenance
For vacant possession, confirm lawful termination, move-out timing, final condition work and key handover before promising the property will be empty. The WA property settlement guidance explains that outgoings are adjusted at settlement and possession passes according to the arrangements made.
Email-payment changes create fraud risk. Tenants should verify new instructions through trusted contact details rather than relying on an unexpected message.
What sale mistakes create the most risk?
The most common problems come from treating the tenancy as separate from the sale. Avoid:
- advertising before checking the lease
- promising vacant possession without advice
- arranging entry by casual text alone
- using interior photos without addressing consent and privacy
- giving multiple agents uncontrolled tenant contact
- concealing outstanding repairs or disputes
- publishing inaccurate rent or lease details
- changing payment instructions without secure verification
- setting settlement dates that the tenancy cannot support
A disciplined residential selling process integrates the occupancy plan with pricing, marketing and contract preparation.
Frequently asked questions about selling a tenanted property in WA
Does the tenant have to leave for a home open?
No. Consumer Protection says tenants have the right to be present and landlords cannot ask them to leave during inspections or maintenance. Access still requires the correct written notice or agreement.
Can the seller use photos from before the tenancy?
Potentially, if they remain accurate and the seller has the right to use them. Old images should not mislead buyers about the property’s current condition, inclusions or presentation.
Does the buyer automatically become the landlord?
A continuing tenancy can pass into the new ownership arrangement, but the contract, settlement and tenancy administration must be coordinated. Obtain advice on notices, records, bond and management transfer.
Plan the tenancy and sale as one project
An occupied sale can work well when access, records and buyer positioning are settled before launch. To plan a Perth campaign around the lease and likely buyer, start with a confidential selling discussion.
This article provides general information for Western Australia and is not legal or property-management advice. Residential tenancy and sale obligations depend on the agreement and facts. Check current Consumer Protection guidance and obtain professional advice before issuing notices or signing a contract.