What are my rights if my landlord sells the property while I am renting it in NSW?

Q: Can a landlord deduct cleaning costs from my bond in NSW?

Yes, a landlord can deduct cleaning costs from your bond in NSW, but only if the property is not reasonably clean. The law requires you to leave the premises in the same condition as when you moved in, minus fair wear and tear. They cannot charge for a professional clean automatically if it is already clean.

Q: Can my landlord show my property to potential buyers while I am still living there in NSW?

Yes, your landlord can show your property to potential buyers while you live there in New South Wales. However, they cannot simply drop in. They must give you 14 days' written notice before the property is first advertised, and 48 hours' notice before each inspection. Inspections are strictly limited to two per week.

Q: Can I make repairs myself and deduct the cost from rent in New South Wales?

No, you cannot simply make repairs yourself and deduct the cost directly from your rent in New South Wales. You are legally required to continue paying your rent in full. However, for specific urgent repairs, you can arrange the work yourself up to the value of $1,000 and claim a reimbursement from your landlord.

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Answer

Your existing tenancy agreement remains fully valid if your landlord sells the property in NSW. The new owner must honor your current lease terms. You must receive 14 days' written notice before the property is first shown to prospective buyers. You also retain the right to negotiate reasonable viewing times and refuse open house inspections.

NSW Fair Trading - Sale of rented premises

Last UpdatedMay 1, 2026

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How it works in practice

When your rented property is put up for sale in New South Wales, the law provides strict protections to ensure your tenancy continues with minimal disruption.

Your Lease Remains Valid

Your current fixed-term agreement or periodic lease transfers directly to the new owner. They cannot force you out simply because they bought the property, nor can they arbitrarily change the terms or increase the rent outside of standard legal allowances.

Notice and Inspections

Before the property can be shown to any prospective buyers, the selling landlord or agent must give you written notice of their intention to sell. This written notice must be provided at least 14 days before the first viewing takes place.

Regarding viewings, you are not legally obligated to agree to traditional "open house" inspections where the general public walks through. Instead, you can insist on specific, scheduled appointments. The landlord is permitted a maximum of two viewings per week, and they must make a reasonable effort to coordinate these times with you.

Ending the Tenancy

If you are on a periodic agreement and the property is sold with "vacant possession," the landlord must give you at least 30 days' notice to leave, served only after the exchange of sale contracts. If you are on a fixed-term lease, you are protected until the end of that term, unless you both mutually agree to end the lease early.

Important exceptions

If your landlord did not disclose that they were preparing to sell the property before you signed your lease, and they put it on the market within the first 14 days of your tenancy, you have the right to break the lease without paying any penalty fees.

Additionally, if you are a tenant living in a property managed under a specific affordable housing program, social housing, or boarding house agreement, different termination notice periods and viewing rules may apply.

Finally, compensation or rent reductions for the inconvenience of viewings are not legally mandatory but can be negotiated mutually with the selling agent.

What you should do now

Request written confirmation from your landlord or agent outlining their intent to sell the property.
Review your current tenancy agreement to confirm whether you are on a fixed-term or periodic lease.
Ensure you receive the legally required 14 days' written notice before the first prospective buyer viewing.
Communicate your preferred viewing schedule in writing to restrict access to a maximum of two times per week.
Negotiate a rent reduction in writing with the agent if you feel the viewings will significantly disrupt your quiet enjoyment.

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