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Not every Queensland property sale comes with vacant possession. If you are buying a property with a tenant already in place, you inherit an existing legal relationship, not a blank slate, and it pays to understand exactly what that means before you sign.
Vacant Possession vs Buying With a Tenancy
Vacant possession means the property is handed over empty at settlement. Buying with an existing tenancy means the current lease continues after the sale, and you become the tenant’s landlord from settlement onward. Which situation applies should be clear in your contract, and it fundamentally changes what you can and cannot do with the property immediately after buying it.
The Lease Continues With the New Owner
Under Queensland tenancy law, when a tenanted property is sold, the existing tenancy agreement continues with the new owner. If the tenant is on a fixed term agreement, you cannot end that agreement early simply because you have bought the property. The tenant is entitled to stay until the end of their fixed term, and you take over as their landlord.
Lease Details, Rent and Bond Records
Before you buy, request a copy of the current lease agreement, details of the rent being paid and when it is due, and confirmation of the bond held with the Residential Tenancies Authority (RTA). You should also check whether rent has recently been increased, since a new owner generally cannot increase the rent again until at least 12 months have passed since the current rent amount took effect.
Property Management Arrangements
Find out whether the property is currently managed by a property manager or managed directly by the seller, and what arrangements are in place for things like routine inspections, repairs, and rent collection. You will need to decide whether to continue with the existing property manager, appoint a new one, or manage the tenancy yourself.
Tenant Rights Continuing After Sale
Tenants have rights that carry over regardless of the change in ownership, including the right to reasonable notice before inspections and the protections that apply to fixed term and periodic agreements. As the new owner, you must honour the existing tenancy agreement, not treat it as void because ownership has changed.
Notice and Timing Issues
Sellers are generally required to give tenants written notice of their intention to sell, including how the property will be marketed, and an attornment notice is typically used to formally advise the tenant of the change of ownership once the sale settles. If you intend to move in yourself or end the tenancy, the timing and notice requirements depend on whether the tenant is on a fixed term or periodic agreement, and getting this wrong can create real legal problems.
Condition Records and Maintenance
Ask for the entry condition report, any recent repair history, and details of outstanding maintenance requests. This gives you a clearer picture of the property’s condition from a tenanted perspective than a single inspection alone.
Why Contract Wording and Advice Matter
Whether the sale is on a vacant possession or tenant-in-place basis should be explicit in the contract, along with how settlement adjustments for rent and bond are handled. Because tenancy law creates ongoing obligations you cannot simply opt out of, your conveyancer or solicitor should review these terms, and you should understand your obligations as a landlord before settlement, not after.
Where This Fits Into Your Research
See our guide to choosing a conveyancer or solicitor and our broader guide on what to check before making an offer.
Where Narevella Can Help
Our free Queensland Property Research Checklist covers the wider pre-purchase research process. For a specific address, our Property Review can help.
Disclaimer
This guide provides general research information only and is not tenancy or legal advice. Tenancy rights and obligations depend on the specific agreement and circumstances. Confirm current requirements with the Residential Tenancies Authority and seek advice from your conveyancer or solicitor before buying a tenanted property.
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