Selling a tenanted property in Queensland is possible, but the sale does not automatically end the tenancy. The owner must follow the Residential Tenancies and Rooming Accommodation Act requirements for notice, entry, photography and access. The right selling plan depends on the tenancy agreement, the buyer you want to attract and whether the property will be sold with the tenant in place or with vacant possession.
This article is general information, not legal advice. Check the current requirements with the Residential Tenancies Authority and obtain advice about your tenancy and contract.
Information checked against current Residential Tenancies Authority guidance on 2 August 2026.
Quick answer
Before marketing a rented property, confirm whether the tenancy is fixed-term or periodic, review the agreement, issue the required notice of the owner’s intention to sell and agree on a respectful access plan. A fixed-term tenancy generally continues through a sale unless it ends by agreement or under the law. A buyer can also purchase the property with the tenancy continuing.
Trying to decide these issues after the first offer arrives creates avoidable risk. Make the possession strategy clear before launch.
What happens to the tenant when the property is sold?
A change of owner does not by itself cancel a Queensland tenancy. If the property settles while the agreement is still operating, the buyer generally becomes the new lessor and inherits the existing agreement.
That can suit an investor buyer who wants rental income from settlement. It may be less attractive to an owner-occupier who needs to move in. Your agent needs to know which market you are targeting so the advertising, inspection plan and contract conditions are consistent.
Never promise vacant possession until your solicitor or property manager confirms that it can lawfully be delivered by the proposed settlement date.
Notice when selling a tenanted property QLD
The Residential Tenancies Authority says the owner or agent must give the tenant a Notice of lessor’s intention to sell premises, known as Form 10. This must be provided before or when the first entry notice is given for the sale.
The notice tells the tenant that the property is being offered for sale and explains how it will be marketed. Keep a copy and proof of service in the property file.
The Form 10 does not replace the separate entry notice required for each lawful entry. Entry rules, minimum notice periods and permitted reasons still apply.
Can you take marketing photos while a tenant lives there?
The RTA states that photos or videos showing a tenant’s possessions cannot be used in advertising without the tenant’s written consent. This is both a legal and practical issue.
Discuss photography early. Explain where the images will appear and give the tenant a genuine chance to raise privacy concerns. If consent is limited, your agent may need to change angles, remove identifying items, use exterior images or schedule photography when agreed items can be put away.
A cooperative plan usually produces better presentation than treating the tenant’s home as an empty display property.
Are open homes and auctions allowed?
The RTA says open homes and on-site auctions require the tenant’s written consent. Without that agreement, inspections need to be handled through lawful individual entries with the proper notice.
That makes the campaign format an important early decision. A high-volume open-home strategy may not be appropriate if the tenant does not consent. Private inspection blocks can still work, but they need coordination and realistic spacing.
Your agent should record the agreed access arrangements and avoid repeated last-minute requests.
Fixed-term tenancy versus periodic tenancy
Fixed-term agreement
A fixed-term agreement has an agreed end date. The property can be sold during the term, but the tenancy does not simply disappear because a buyer wants to move in. If vacant possession is required before the fixed term ends, get legal advice and do not pressure the tenant to leave.
An owner and tenant may agree to end a tenancy early, but any agreement should be voluntary, clear and documented. There may also be financial or moving considerations to negotiate.
Periodic agreement
A periodic agreement has no fixed end date. Different notice rules apply. The RTA’s current guidance explains the process for ending a periodic tenancy after a contract of sale is signed where vacant possession is required, including the applicable notice period.
Because contract dates and tenancy notices interact, your solicitor, property manager and selling agent should confirm the timeline before the contract is finalised.
Should you sell with the tenant or wait for vacant possession?
There is no universal answer. Consider the likely buyer, the tenant’s cooperation, the lease terms, the property’s presentation and the cost of holding the property empty.
Selling with the tenant may offer:
- continuing rental income during the campaign and through settlement;
- appeal to investors who want an established tenancy; and
- less vacancy risk if the campaign takes longer than expected.
Waiting for vacant possession may offer:
- easier access for photography and inspections;
- simpler presentation and styling;
- broader appeal to owner-occupiers; and
- more certainty about the handover date.
The trade-off is not simply rent versus no rent. A rushed or poorly coordinated occupied campaign can affect presentation and buyer confidence. An unnecessary vacancy can also cost money. Model both options before deciding.
A practical occupied-sale plan
1. Review the tenancy documents
Confirm the agreement type, end date, rent status, bond record, special terms and property manager’s notes. Identify any unresolved maintenance issue that could disrupt the campaign.
2. Choose the likely buyer market
Decide whether the strongest buyer is an investor or owner-occupier. This affects possession, campaign timing and the information buyers will request.
3. Get legal and property-management advice
Confirm notice, access and contract requirements. Do this before giving the tenant informal promises or publishing a vacant-possession date.
4. Speak with the tenant respectfully
Explain the proposed timing, photography, inspections and communication channel. Give reasonable notice even where the legal minimum might allow a tighter process.
5. Put access arrangements in writing
Record consent for marketing images, open homes or auctions where required. Keep formal notices and proof of service.
6. Prepare investor information
Where appropriate, have the tenancy summary, rent details, property management information and relevant outgoings ready for genuine investor enquiries. Protect the tenant’s personal information.
7. Keep the contract consistent
The contract should reflect whether the property is sold subject to the tenancy or with vacant possession. Your solicitor should check the wording and dates.
Common mistakes to avoid
- Assuming the sale automatically ends the lease.
- Advertising open homes before obtaining written consent.
- Publishing photos that show the tenant’s possessions without written consent.
- Promising vacant possession without checking the agreement and notice timeline.
- Allowing different people to contact the tenant with conflicting requests.
- Hiding tenancy details from buyers who need them to assess the purchase.
A single communication lead—usually the property manager or selling agent—helps keep the process calm and documented.
How the tenancy affects pricing and marketing
An occupied property is not automatically worth less. The result depends on the buyer pool, presentation, access and the quality of the tenancy information.
If the likely buyers are investors, a reliable tenant and clear records may be useful. If the likely buyers are families wanting to move in, a long fixed term may narrow the immediate audience. That is why the tenancy position should form part of the pricing conversation, not appear as a surprise at the first inspection.
For broader preparation, read how to price a house to sell on the Gold Coast and what documents you need to sell a house in Queensland.
Frequently asked questions
Can a tenant refuse every inspection?
Tenants have privacy and quiet-enjoyment rights, but owners and agents also have lawful entry rights for permitted reasons when the correct process is followed. Open homes and individual entries are treated differently. Check the RTA rules for the exact situation.
Does the tenant have to clean for every inspection?
The property must be kept reasonably clean under the tenancy, but an owner should not expect display-home presentation for every buyer visit. Agreeing on sensible inspection blocks can reduce disruption.
Can I offer the tenant money to leave early?
An owner and tenant may be able to reach a voluntary written agreement, but it must not involve pressure or misleading statements. Obtain advice and record the terms properly.
Should I use vacant possession in the contract?
Only if your solicitor confirms it can be delivered by settlement. The answer depends on the agreement, notices and dates.
The sensible next step
Before selling a tenanted property QLD owners should put the tenancy, buyer market and possession timeline on one page. Then have the property manager, selling agent and solicitor check that the plan agrees with the current rules.
Use the RTA guidance when a property is for sale, RTA guidance on advertising photographs and the RTA rules of entry as the current official starting points.