Your rights as a HAP tenant when the property is sold
You cannot be evicted just because the property is sold
A change of ownership does not automatically end your tenancy. The new owner takes over the tenancy with the same terms. Your HAP continues — the council simply redirects payments to the new landlord's bank account.
The new owner must honour your tenancy
If you have a valid tenancy registered with the RTB, the new owner is bound by it. They cannot evict you without following the correct legal process and giving proper notice.
You're entitled to proper notice if you must leave
If the new owner genuinely intends to move into the property themselves, they must give you proper notice — between 90 and 224 days depending on how long you've lived there. This must be in writing.
What to do when you find out the property is being sold
- 1
Contact your council's HAP section immediately
Let them know the property is being sold. They need to update their records and prepare to redirect payments to the new owner once the sale completes.
- 2
Get any notice in writing
If your landlord or the new owner asks you to leave, insist on written notice. Verbal requests to leave have no legal standing. Note the date you received the notice.
- 3
Contact Threshold for advice
Threshold (1800 454 454) provides free advice to tenants in this situation. If you receive a notice to quit, contact them before doing anything — many notices are invalid.
- 4
If you do need to move, start the HAP transfer process early
Don't wait until the last minute. Contact your council to start the transfer process as soon as you know you'll need to move. See our guide on transferring HAP to a new property.
Related HAP guides
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