Published by RG Settlements. Our Victoria Park team provides property settlement and conveyancing services for buyers, sellers and property owners across Perth and Western Australia.
Archive note: This article was originally published on the date shown. Rules, eligibility criteria and market conditions may have changed; confirm current requirements before acting.
Ensuring a smooth property settlement requires careful attention to possession details. At RG Settlements, we guide buyers and sellers through the legal aspects of property handover to ensure a seamless transition.
Key Considerations for Possession at Settlement
1. Vacant Possession Requirements
- Upon settlement, the seller must vacate the property unless otherwise agreed.
- All personal belongings, vehicles, and rubbish must be removed before handover.
- Only the chattels included in the sale contract should remain on the property.
2. Seller Occupancy After Settlement
- If the seller is living in the property, they are entitled to stay until noon the day after settlement.
- Any damage or maintenance issues arising during this period remain the seller’s responsibility.
3. Handling Tenanted Properties
- Buyers should review any existing tenancy agreements before purchase.
- If the property is under a fixed-term lease, the tenant’s rights continue post-settlement.
- For a periodic tenancy, a landlord generally gives at least 60 days’ notice without grounds. The 30-day sale ground applies when the property has been sold and the sale contract requires vacant possession, using Form 1C. A sale does not itself end a fixed-term tenancy. Check the lease, legal grounds and service requirements before promising vacant possession.
4. Legal Support for Possession Issues
- If a seller fails to vacate the property as agreed, legal action may be necessary.
- Buyers should seek legal assistance to enforce their right to possession.
Ensuring a Smooth Settlement Process
Understanding the legalities of property possession ensures a stress-free transition. Whether buying or selling, clear agreements and legal guidance can prevent disputes and delays.
Need expert legal support for property settlements? Contact RG Settlements today for professional legal assistance.
Tenancy notice information corrected 7 September 2026. Source: Consumer Protection WA — landlord ending a tenancy.
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