McGrath Lithgow Property Management Monthly Newsletter – May 2025

Lithgow Property Management Monthly Newsletter

May 2025

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Residential Tenancy Law Changes – Final Update: Selling a Rented Property 

This is our final update in the series on the recent changes to residential tenancy laws, which came into effect on 19th May 2025. We’re happy to report that everything has gone smoothly so far—thanks to our preparation and the hard work of our teams across all three offices. 

This month, we’re focusing on what landlords need to know if they’re planning to sell a rental property. The new rules depend on your tenant’s lease type and whether you want to sell with the tenant staying or with the property vacant. 

🔹 Selling with a Tenant on a Periodic Lease 

If your property is sold with vacant possession (meaning you want the tenant to move out before settlement), and the tenant is on a periodic lease, you can still give them 30 days’ notice from the date of the contract exchange.
No change here—this rule remains the same.
Your property manager will help with this process. 

🔹 Selling with a Tenant on a Fixed-Term Lease 

If your tenant has a fixed-term lease, you cannot ask them to leave before the end of the lease.
The property must be sold subject to the existing tenancy, and the tenant can remain in the home until their lease ends. 

If you still want vacant possession, you can give a termination notice to take effect after the lease ends: 

  • 90 days’ notice for leases over 6 months 
  • 60 days’ notice for leases 6 months or less 

You must also provide proof of the sale, such as: 

  • A copy of the contract of sale, or 
  • A selling agency agreement. 

🔹 Selling with a Tenant on a Periodic Lease (No Fixed Term) 

In this case, you can give 90 days’ notice to the tenant.
The contract must state vacant possession, and the tenant must receive proof of the sale, just like the above scenario. 

🔔 Before Listing a Property for Sale 

You must give your tenant 14 days’ written notice before the property is listed for sale.
📌 This is separate from any termination notice and is required even if the tenant will stay during the sale process. 

🔄 Tenant’s Right to Leave Early 

If you issue a sale-related termination notice, the tenant can now choose to move out with just 14 days’ notice—without a break lease fee.
This gives them flexibility if they don’t want to stay through the sale. 

🚫 Exclusion Period 

If you use a sale termination to end a lease, your property will enter a 6-month exclusion period.
During this time, you cannot lease the property again.
This rule is designed to prevent misuse of sale termination notices. 

If you’re thinking of selling your investment property, talk to your property manager first. We’re here to guide you through the new process and make sure everything runs smoothly—for you and your tenant. 

Click here if you would like to read more on the changes we have mentioned in this series.

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McGrath Lithgow's Property Management Team

Mikayla Callcott
Office Manager and LIC Lithgow
0459 406 006
Office 02 6352 5125
Olivia Robinson
Property Manager
0474 501 460
Office 02 6352 5125
Varun Kinra
Property Officer
0477 117 702
Office 02 6352 5125
Sophie Morris
Property Manager
0477 677 239
Office 02 6352 5125
Mcgrath Central Tablelands

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