Recent discussions surrounding a Tenancy Tribunal case have highlighted persistent uncertainty within the space of property sales interacting with tenant rights.

As landlords, you can terminate a tenancy with a 90-day notice if the premises are listed for sale within 90 days after the termination date (s 51(2)(a) of the Residential Tenancies Act 1986).

In a recent Tenancy Tribunal case, a landlord issued a 92-day termination notice to their tenant and began marketing activities before the termination date, including property appraisals, taking photographs and listing the property for sale. Despite the tenant’s objections to marketing during the notice period, the Tenancy Tribunal clarified that these marketing activities are permissible before the termination date, provided the property is officially on the market within the specified timeframe.

While this decision offers persuasive guidance on marketing during the 90-day notice period, we remain cautious at OneCiti Property Management until a binding ruling from a higher court is issued. Should you consider selling your property, please feel free to contact our team at OneCiti Property Management. We prioritise compliance and legal adherence in every dealing and can offer guidance and support to facilitate seamless property transactions.

For further information, feel free to contact Ali on +6421 5555 30