The rental market is pretty dire for tenants in Australia right now. Recent data from Cotality, a company that provides property market insights, shows that national rents rose by 1.3% in the final quarter of 2025 and rental listings remained scarce at around 17% below the five-year average. Based on metrics from September 2025, households are now spending a record 33.4% of their pre-tax income on rent, which is above the common (but perhaps now outdated) rule of thumb that you should spend no more than 30% of your gross salary on housing costs.

The last thing many renters want to contemplate right now is having to move out because the house they live in gets put up for sale. Many also don’t know their rights when it comes to inspections and rent increases. So, what happens when the house you rent is listed for sale, and what rights and obligations come with that?

The fundamental question – can you be kicked out?

If your lease is for a fixed term, the buyer of the property becomes your new landlord and must see out the lease to its expiry (and comply with the relevant notice requirements if they do not want to enter into another fixed-term lease). You cannot be simply ‘kicked out’ of the house by your new landlord, but you can agree to leave early, on your terms. If your new landlord asks whether you are prepared to leave early, you might ask for compensation or that your new landlord reimburse you for your moving costs. Without your agreement, forcing you to leave before your fixed term expires would be a breach of contract, and you would therefore be entitled to compensation for your associated losses.

However, if your lease is periodic, you can be kicked out with 30 days’ notice if the contract for sale requires vacant possession (ie, the buyer requires as a term of the sale contract that the property is vacant when settlement occurs).

How often can the agent schedule inspections?

Allowing potential buyers into the home you rent can feel like an invasion of privacy. But a seller (or their real estate agent) can schedule a reasonable number of home opens and private inspections with prospective purchasers, so long as they provide you with reasonable notice and the inspections are at a reasonable time. A reasonable time generally means between 8am and 6pm on a weekday and between 9am and 5pm on a Saturday – you can negotiate about what time works best for you (for example, when you can be out of the house).

There is no concrete legal rule as to what a reasonable number of inspections is, or what is considered reasonable notice of an inspection. But if they schedule too many inspections without reasonable notice they may be breaching your right to quiet enjoyment as you are entitled to enjoy the property without interference with your reasonable peace.

You cannot be required to do anything in advance of an inspection that is beyond your obligations under the lease (but your obligations under the lease will typically include keeping the property in a reasonable state of cleanliness).

Can the buyer increase your rent?

No matter whether you are on a fixed-term or periodic lease, in WA your rent can only be increased once every 12 months. When the buyer purchases the property, they are essentially inheriting the lease from the seller, and so they are bound by the same terms and law. That means if, for example, your rent was increased 6 months before the sale of the property, the new owner cannot increase your rent for another 6 months.

Conclusion

Fortunately, there are quite a few protections in place for tenants whose rental is listed for sale during their lease, particularly if the lease is for a fixed term. Some unscrupulous landlords might try to take advantage of tenants who don’t know or enforce their rights – that’s why knowledge is power when it comes to these things. As always, it is important to seek legal advice on your specific situation if you are unsure. Community Legal Centres like Circle Green offer free or low-cost legal advice on tenancy matters, including advice over the phone and a duty lawyer service at the Magistrates Court.

Note that the content of this blog is specific to Western Australia and does not apply in all jurisdictions, does not constitute legal advice, and should not be relied upon. You should seek legal advice in relation to any particular matters you may have. All opinions expressed are our own, not necessarily those of any organisations with which we are connected.