How to sell a Tenanted Property on the Gold Coast?
Selling a tenanted property on the Gold Coast requires understanding legal obligations and maintaining clear communication. Existing lease agreements remain in place after the sale. Tenants on fixed-term leases can stay until the lease expires, while those on periodic leases must receive proper notice if asked to vacate. Sellers must notify tenants in writing and get their consent for open homes or photos. Respecting tenant rights and encouraging cooperation helps create a smoother, more appealing sales process.
What are my rights and obligations regarding tenant notice periods when selling a tenanted property on the Gold Coast?
Selling a tenanted property on the Gold Coast? It’s not just about market timing and price strategy; you’ll also need to understand your legal obligations to your tenants, particularly regarding entry notices, inspections, and vacate periods.
Whether you’re selling to another investor or an owner-occupier, Queensland tenancy laws, as outlined in the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), clearly define your rights and responsibilities.
Can I Sell My Gold Coast Property While It’s Tenanted?
Yes. Selling a tenanted property is a legal and common practice, especially for investors seeking to attract other landlords. But it comes with strict rules around notice periods and tenant privacy.
Key Notice Periods You Must Follow
1. Notice of Intention to Sell
You must provide a Form 10, Notice of Lessor’s Intention to Sell Premises, to your tenant before marketing or conducting inspections.
🔹 When? As soon as you engage an agent or plan to advertise the property.
🔹 Why? This informs the tenant that the property will be shown to potential buyers.
2. Entry Notices for Inspections
Before any open homes or private viewings, you must provide a Form 9 – Entry Notice.
🔹 Minimum notice required: 24 hours
🔹 Maximum frequency: No more than 2 viewings per week unless agreed otherwise
🔹 Permitted times: Between 8:00 am and 6:00 pm, Monday to Saturday (not on Sundays or public holidays unless the tenant agrees)
3. Notice to Leave (If You Want the Property Vacant for Sale)
If you want the property vacant before or during the sale, you must follow the correct notice-to-leave process, which varies depending on the lease type.
Fixed-Term Lease
- You can’t terminate early just because you’re selling.
- You must wait until the lease ends, then issue a 2-month notice before the lease expiry (via Form 12 – Notice to Leave).
Periodic Lease
- You can issue a Form 12 – Notice to Leave, providing 2 months’ notice, stating that the reason is that the property is being sold.
Important: You cannot force a tenant to leave without giving proper notice, even if the sale is urgent or your buyer wants vacant possession.
What Are the Tenant’s Rights During the Sale?
Tenants on the Gold Coast have the right to quiet enjoyment of the property, meaning:
- They must be given proper notice before each entry.
- They can refuse excessive inspections (more than two per week).
- They do not have to tidy or stage the property for sale.
- They can be present at inspections, but are not required to be.
Can the Lease Be Transferred to the New Buyer?
Yes. If the buyer is another investor, the existing lease remains in place and transfers with the sale. The buyer becomes the new landlord.
The tenant continues to pay rent and occupy the property until the lease ends, without any disruption for either party.
What Happens If I Don’t Follow the Rules?
Failing to comply with Queensland tenancy laws during a sale can lead to:
- Disputes lodged with the RTA (Residential Tenancies Authority)
- Delays in the sale or issues with settlement
- Compensation claims from tenants for unlawful entry or early eviction
It’s critical to stay compliant and respectful.
Seller Tips: Selling a Tenanted Property Smoothly on the Gold Coast
✅ Communicate openly with your tenant about the sales process
✅ Offer flexible incentives, like discounted rent, for cooperation with inspections
✅ Plan marketing around tenancy access rules
✅ Keep the tenant informed about offers, timelines, and potential settlement details
✅ Work with a real estate agent experienced in tenanted sales
Selling With Tenants vs. Vacant Possession: Which Is Better?
| Selling Tenanted | Selling Vacant |
| Rental income continues | Easier to stage, clean, inspect |
| Attracts investor buyers | Broader buyer appeal (incl. owner-occupiers) |
| Limited access | Full control over access and presentation |
| Lease obligations remain | Flexibility in settlement timing |
If you’re selling to an investor, staying tenanted is often ideal. If targeting owner-occupiers, vacant possession usually fetches better offers.
Need Help Navigating a Tenanted Sale on the Gold Coast?
Selling a tenanted property involves more than just signing a contract. You’ll need expert guidance to:
- Manage your legal obligations
- Maintain tenant relationships
- Market effectively under access restrictions
- Ensure a stress-free settlement
FAQs – Tenant Notice and Selling a Property on the Gold Coast
1. Can I evict my tenant if I want to sell?
Not during a fixed-term lease. If the lease is periodic, you can give 2 months’ notice for sale-related termination.
2. How often can I show the property?
No more than 2 inspections per week without written tenant consent. Each inspection requires 24 hours’ notice.
3. Do I have to wait for the lease to end to sell?
No. You can sell at any time, but whether the tenant must vacate depends on the lease type and the buyer’s preferences.
4. Can a buyer request vacant possession at settlement?
Yes—but you must ensure notice timelines align with the contract date and tenancy terms.
5. What happens if the tenant refuses access?
You can apply to QCAT for an order, but it’s always best to communicate and cooperate first.
Selling a tenanted property? Respect the lease, respect the law, and respect your tenant.
That’s how we get great results on the Gold Coast.
More Smart Seller Questions Answered
Selling on the Gold Coast? Here’s Why a Conveyancer or Solicitor Is Non-Negotiable
When selling property on the Gold Coast, having a qualified conveyancer or solicitor isn’t just a box to tick—it’s your frontline defence against legal risk, delays, and costly mistakes. These professionals do more than manage paperwork. They interpret contracts, handle disclosure requirements, and ensure every step of the transaction complies with Queensland property law.
A conveyancer or solicitor acts as your legal guide, making sure your rights are protected while managing deadlines, negotiations, and settlement logistics. Whether you’re selling a beachfront apartment or your family home, their expertise can mean the difference between a seamless sale and a stressful one.
Before signing anything, ensure you have the right legal support on your side. A reliable conveyancer or solicitor isn’t just helpful—they’re essential to getting your Gold Coast property SOLD with confidence.
THIS IS HOW YOUR JOURNEY TO A SUCCESSFUL GOLD COAST PROPERTY SALE STARTS
My simplified guide below will take you through a 20-step process for selling your property anywhere on the Gold Coast;
I proudly sell homes across the entire coast.
1. PREPARING YOUR GOLD COAST PROPERTY FOR SALE + SOME OF THE LEGAL REQUIREMENTS
- Tidying gardens and decluttering everything inside and out.
- All homes for sale, are legally required to have hardwired photoelectric, interconnected smoke alarms.
Non-removable 10-year battery smoke alarms can be installed as an alternative.
- By law, you are required to complete a pre-contractual seller’s disclosure statement: generally related to limitations, restraints, or defects in the property title, such as easements, covenants, leasing, zoning, etc.
- A pool safety certificate is also required if you have a swimming pool or if the property has a shared swimming pool (Body Corporate).
2. COMPARATIVE MARKET ANALYSIS REPORT FOR YOUR GOLD COAST PROPERTY
After showing me around your property, I will provide you with a Comparative Market Analysis (CMA) report. This is a detailed, legally required analysis of your home’s market value.
The CMA is based on recently sold and for-sale properties similar to yours in the immediate area. I will need to view your home to prepare this report.
3. SETTING A MARKETING BUDGET FOR YOUR GOLD COAST HOME
The third step in selling your home is to create a marketing budget.
By law, this must be based on actual costs.
There are various marketing options to consider, such as:
– Internal, External and Drone Photography.
– Property and House Plans show potential buyers the exact layout of your home and property.
– Internet Advertising on platforms such as RealEstate.com.au, Domain.com.au, Facebook.com, Instagram.com, etc.
– For Sale Sign on the street is still essential to attracting potential buyers. Even though many buyers start their search online, they often drive around neighbourhoods to see what’s available.
A simple fact: Not having a For Sale sign can significantly reduce the number of people who see your property and may be interested in buying it.
4. PREPARING AND APPROVING THE FORM 6 AGREEMENT WHEN SELLING A GOLD COAST PROPERTY
A Form 6 Agreement is a document provided by the Queensland State Government. It outlines all relevant details of the property sale, including the marketing budget.
Our administration team will prepare this form for you and send it for your review and approval.
5. PAYING THE MARKETING BUDGET FOR YOUR GOLD COAST PROPERTY
Once you have approved the Form 6 Agreement, the next step is to pay for the marketing budget that you have chosen.
6. STARTING THE ADVERTISING PROCESS
Once your payment is received, the advertising campaign will commence.
Advertising strategies will align with the choices you made within your marketing budget.
7. MONITORING MARKET RESPONSE
If your property hasn’t received offers within 30 days, don’t assume there’s no interest.
It often means the price isn’t aligned with what buyers are willing to pay at this time.
This is your signal to review and adjust your pricing strategy so your home remains competitive and receives the attention it deserves.
8. ARRANGING BUYER VIEWINGS
When buyers express interest in your property, viewings will be arranged to allow them to see your home in person; you need to be away from the property during these viewings.
This helps potential buyers feel relaxed and visualise themselves as the new owners, thereby forming a deeper connection with your property.
9. CONSIDERING A BUYER’S OFFER
When you receive an offer on your home, it means a buyer is serious and ready to move forward at a certain price.
This is a key moment in your selling journey. Take the time to go over the offer carefully.
Look beyond the price; check the terms, conditions, and settlement timeframes. Make sure it works for you before accepting, countering, or declining.
10. ACCEPT, COUNTER, REJECT
When an offer is presented, you will need to respond by accepting, countering, or rejecting it.
Accepting locks in the agreed-upon price and terms.
Countering proposes changes and initiates further negotiations. If countering, present revised terms clearly; open, respectful communication is key for a smooth sale.
Rejecting means the offer is unacceptable; in this case, respond promptly and professionally, explaining your reasoning for the decision.
11. YOUR LEGALITIES
When you finally accept an offer, you will engage your conveyancer or solicitor to facilitate the legal requirements to complete the sale.
If you are part of a Body Corporate, you will need to provide a Disclosure Statement from them.
Your solicitor will use PEXA to settle your property. Part of the process requires Verification of Identity. Also, anyone selling a property must complete an ATO Clearance Certificate.
12. BUYER’S DEPOSIT
The buyer’s deposit is a crucial step in the property purchase process; it will be held in the agency’s Trust account.
This is a tangible expression of the buyer’s commitment to purchase your property.
13. BUILDING AND PEST INSPECTIONS
Typically, a buyer will arrange for a building and pest inspection report to be completed, usually within 14 days of the contract date.
Additionally, they may have the contract subject to finance, which is generally applicable for 21 days from the contract date.
14. COMPLETING YOUR GOLD COAST PROPERTY SALE
Based on the outcome of the building and pest inspection report, as well as any finance being sought, the buyer will proceed with their offer or withdraw it.
At this point, the sale either falls through or becomes unconditional.
15. LOOKING FOR YOUR NEW PROPERTY
If the sale becomes unconditional, it is time to start looking for a new property. Remember, there is no need to rush.
It is essential that you take your time, as this needs to be a very considered purchase.
Your new home is of substantial value and can be costly if you change your mind. Something you may want to investigate is Short-Term Bridging Loans.
16. ALTERNATIVES YOU SHOULD CONSIDER
An alternative to seriously consider when deciding where to live between selling and buying is renting while you look for a new property.
Renting for a short period gives you breathing room; it allows you time to clear your head, make a confident, considered decision, and ultimately buy where you truly want to live, with no pressure or panic.
17. TIME FOR YOU TO MOVE
Leaving your home opens doors to a new chapter full of new beginnings. Embrace the excitement of a fresh start and cherish the memories you’ve made.
Every box you pack brings you one step closer to a new adventure full of possibilities that lie ahead.
18. YOUR SALE CONCLUDES
The culmination of the property sale is settlement; it marks the transfer of the property to the new buyer.
As the final chapter concludes, this marks a sense of achievement: your property has now SOLD.
19. YOUR FUTURE OPTIONS
If you have chosen to rent, you will continue to look for and eventually purchase a property, apartment, or perhaps even buy land and build; now there’s something to consider.
20. TIME TO UNWIND AND MAKE YOUR NEW HOME YOUR OWN
As you unpack and furnish your new home, embrace the gradual process of creating your haven.
Enjoy the transformation, one room at a time.
Relax in the tranquillity of your surroundings and immerse yourself in the gentle sounds of your new neighbourhood.
Explore the nearby parks and cafes; enjoy the unique charm of your new community.
Remember, settling in is a journey in itself; it’s not a race. Embrace the process of creating a home that reflects your unique style and personality.
Whether you’re downsizing, relocating or just ready to move on, I’ll guide you through every step of selling your Gold Coast home with confidence and ease.
Navigating the intricacies of selling your property can be complex, but it doesn’t have to be.
My 20-step guide provides a simplified general overview; as you would naturally expect, your steps may vary.
Author – Craig Douglas
Are you ready for a conversation about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD
Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
You can find me working at a Boutique Real Estate Agency
These are just some of the suburbs that I proudly sell homes in:
Paradise Waters
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
