Many people ask if you buy a house with tenants can you kick them out NSW. The short answer is: not straight away. When you buy a property that someone is already renting, you take on the same job as the landlord before you. That means the tenant keeps living there until their lease finishes or you follow the rules to end it.
A tenant has rights. These rights do not disappear just because the house has a new owner. The new owner must follow the same laws that the old owner followed. You cannot force someone to leave without giving them the correct notice and reason.
What Are the Notice Requirements for Ending a Tenancy in NSW After Purchase?
If you want a tenant to leave after you buy the house, you must give them a clear notice. In NSW, the law says you need to give a written notice that:
- Explains why you want the tenant to leave.
- Tells them when they must leave.
For example, if the lease is month‑to‑month, you might need to give at least 30 days’ notice. If the lease is fixed‑term, there may be different requirements. You must follow exactly what the Residential Tenancies Act says.
You cannot just tell them verbally. You must give the letter in writing, and it must meet the rules. If you do not, the tenant can stay even longer.
Read Also: Can You Kick Tenants Out After Buying a House in Australia?
Do Existing Lease Agreements Still Apply After Settlement?
Yes. If you buy a house and there is a lease already signed, that lease stays alive. That means:
- The tenant must pay rent to you, the new owner, not the old owner.
- You must fix things that break.
- You cannot change the rent until the lease time ends, unless the lease says you can.
If you take over a lease with six months still to go, you must wait those six months unless you and the tenant agree another plan. You also agree to follow the same lease rules, like pets, repairs, or house rules.
So, your ability to control the house is limited until the lease ends or you get a legal reason to end it. You cannot say: “You must leave now.” You must follow each clause in that agreement.
Can I End a Fixed‑Term Lease Early If I’m the New Owner in NSW?
Ending a fixed‑term lease early is tricky. You cannot make a tenant leave just because you want to move in, or you want to change the property. You must have:
- A special clause in the lease that lets you end early (a “break clause”).
- Or, a legal reason like serious breach of the lease by the tenant (like not paying rent).
If the lease has a break clause, check carefully how to use it. You may need to give certain days’ notice, or let the tenant know in writing at key times.
If there is no break clause, you must wait until the lease ends. You may also talk with the tenant. Sometimes they agree to leave earlier, if you offer to help or pay for moving costs. But that is a discussion, not a rule.
Read Also: What You Need to Know Before Buying a Property with Tenants
What Are My Rights and Obligations as a Buyer of a Tenanted Property in NSW?
When you buy a property with tenants, here is what you can and cannot do, and what you must do:
Your Rights
- Receive rent after you own the property.
- Enforce lease rules (quiet hours, care of property).
- Ask for repairs if the tenant damages the place.
Your Obligations
- Honour the existing lease terms, including how long it runs.
- Give proper written notice if you want to end tenancy.
- Keep the property safe and functional (e.g., fix leaks, broken locks).
You must also register the tenancy with the Rental Bond Board and pass on the bond to them. You may need to update the tenant’s rental bond form so they pay you going forward.
You must treat the tenant fairly. You cannot harass them, or interfere with their quiet enjoyment.
Read Also: Why Property Inspection Reports Matter When Buying
Why These Rules Matter
All these rules mean that if someone asks if you buy a house with tenants can you kick them out NSW, the answer is clear: You cannot simply kick them out. You must follow the legal steps every landlord must. The law protects tenants, and new owners inherit the same duty as the old ones.
Often, buying a house with tenants is a smart move. You get rental income right away. But you have to follow the rules. If you do it right, it can be smooth and fair for everyone.
How a Trust or Solicitor Helps (QLD‑style)
Though our focus here is NSW tenancy law, you might also buy property in a trust or in Queensland. In those cases, a solicitor or conveyancer helps check the lease, set up correct ownership, and make sure everyone follows the rules. They explain rights, obligations, and help draft notice letters or agreements.
Key Takeaways
- if you buy a house with tenants can you kick them out? Only by following legal notice and tenancy rules.
- Existing leases keep running after settlement.
- Fixed‑term leases cannot be broken unless the lease allows it or there is a breach.
- You step into the shoes of the old landlord, with all the same rights and duties.
What You Can Do Next
If you are thinking about buying a property with tenants, ask a qualified solicitor or conveyancer to:
- Review current leases.
- Check notice rules and break clauses.
- Help you plan to manage tenants fairly and within the law.
Ready for Proper Help?
Need assistance working out if you buy a house with tenants can you kick them out NSW? The team at CJC Law can help. We explain your rights, check leases, and guide you step by step. Get in touch today for clear, practical advice.
Contact us today for straight‑talk advice on property and tenancy questions in NSW and Queensland. We can help you understand notices, lease terms, and what your next step can be. Rest assured you get clear guidance, no guarantees, just plain‑English support.
