How Do You Sell a Gold Coast Property with a Difficult Tenant?
Selling an investment property on the Gold Coast is stressful enough; add a difficult tenant to the mix, and the process can feel overwhelming. Whether you’re dealing with uncooperative behaviour, neglected upkeep, or outright hostility, managing tenant issues before and during a sale is crucial for avoiding legal headaches and maintaining buyer interest.
This guide walks you through proven strategies to manage difficult tenants, protect your legal rights, maintain property appeal, and achieve a smooth sale.
Why Difficult Tenants Can Impact Your Sale
Buyers need confidence when purchasing an investment property. Difficult tenants can undermine that by:
- Blocking inspections
- Allowing the property to deteriorate
- Refusing to cooperate with open homes
- Causing legal disputes during the sale
These issues can reduce buyer interest or lower your final sale price. The good news? With planning and clear steps, you can minimise risk and still secure a successful result.
Know Your Legal Rights and the Tenant’s Rights
Understand the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act)
In Queensland, both landlords and tenants have obligations under the RTRA Act. Key points to understand:
- You cannot force a tenant to vacate a property just because you want to sell.
- Tenants must be given proper notice for entry (at least 24 hours written notice for inspections).
- You must respect the terms of the lease unless the lease has ended or is ending.
Tenants have the right to “quiet enjoyment” of the property, even during the sale process. But you also have the right to sell. The key is balancing both fairly.
Step 1: Review the Lease Agreement
Before you do anything, check:
- Is the lease periodic or fixed-term?
- How much time remains?
- Are there any breaches?
This will influence whether you can negotiate a termination, whether the buyer needs to inherit the tenant, or whether you should wait for the lease to expire.
Step 2: Open Communication Can Go a Long Way
Even if things feel tense, opening the lines of communication professionally and respectfully is critical. Let the tenant know:
- Your intent to sell
- That their tenancy rights will be respected
- What they can expect during the process (e.g., inspections, agent visits)
Sometimes, difficult behaviour comes from fear of change or being displaced. Reassurance can reduce friction.
Step 3: Offer Incentives for Cooperation
If you’re encountering resistance, consider offering incentives:
- Rent reductions during the sales period
- Vouchers or cash incentives for maintaining cleanliness and allowing access
- Flexible move-out terms or assistance with relocation (especially if they’re worried about housing)
This is especially useful if you’re selling vacant possession but the tenant still has time left on their lease.
Step 4: Work with a Real Estate Agent Who’s Been Here Before
Selling with a difficult tenant is not the time to choose the cheapest agent. You need someone who:
- Knows tenancy law
- Can communicate effectively with tenants
- Has experience working around complex access restrictions
- Can guide buyers tactfully through the situation
An experienced Gold Coast agent can set expectations early and prevent buyer drop-off due to uncertainty.
Step 5: Tailor Your Sales Strategy Based on the Situation
If the Tenant Is Cooperative:
- Sell with the tenant in place, investors may see this as a benefit.
- Schedule inspections around their convenience.
- Highlight rental history and income in your marketing materials.
If the Tenant Is Hostile or Uncooperative:
- Consider waiting for lease expiry if possible.
- Or, offer early lease termination with compensation.
- Use a professional photographer during a time-limited window to get strong marketing assets early.
In extreme cases, you may consider serving a notice to leave (Form 12), but only under legal grounds, like significant lease breaches.
What If They’re Damaging the Property or Refusing Entry?
This is a serious issue. If your tenant:
- Denies access unlawfully
- Damages the home
- Refuses to leave after lawful notice
You may be able to issue breach notices or apply to QCAT (Queensland Civil and Administrative Tribunal) for orders. Legal action should always be guided by your property manager or solicitor to ensure you don’t breach tenancy law.
Can You Sell with a Problem Tenant Still in the Property?
Yes, but there are challenges.
Buyers will ask:
- “Will this tenant cause problems later?”
- “Can I evict them after settlement?”
- “What’s the real condition of the property?”
These questions affect perceived risk, and therefore price.
To offset this:
- Be upfront in your marketing and buyer conversations.
- Highlight tenancy terms and income.
- Disclose any known disputes or maintenance issues.
Should You Sell Vacant Possession Instead?
If your tenant is especially difficult, selling the property vacant might be the best option. This lets you:
- Refresh or clean the home before listing
- Market to owner-occupiers as well as investors
- Control presentation, inspections, and repairs
But it comes with costs: possible rental income loss and the need to relocate the tenant fairly and legally.
When Legal Advice Is Essential
If you’re facing:
- Threats from a tenant
- Potential damages
- Refusals of legal access
- Disputes over bond or condition
Get legal advice early. Delaying can affect your timeline, marketing, and final sale value. Your solicitor can guide you through QCAT processes or pre-sale agreements with your tenant.
Tips for Minimising Buyer Concerns
Buyers will always ask about tenant behaviour. Here’s how to manage the optics:
- Provide a professional condition report
- Include recent photos of the home in good condition
- Be transparent in buyer Q&A about tenancy terms
- If inspections are limited, offer private appointments for serious buyers
Your agent should be ready with reassuring language that makes the situation feel manageable, not risky.
You Can Sell with a Difficult Tenant, But Be Strategic
Dealing with a difficult tenant isn’t fun, but it doesn’t have to ruin your property sale. With the right approach, respectful communication, a great agent, and some smart planning, you can protect your price, your peace of mind, and your legal position.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
Are you ready for a casual chat about selling your Gold Coast home?
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Phone me now for a chat, Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
Some of the suburbs that I proudly sell homes in:
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This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
