Understanding the Form 10: Notice of Lessor’s Intention to Sell

Understanding the Form 10: Notice of Lessor’s Intention to Sell Premises

The Form 10 is an official document used in Queensland under the Residential Tenancies and Rooming Accommodation Act 2008. Its primary purpose is to inform tenants of the landlord's (lessor's) intention to sell the rental property. This notice is a crucial step in the process of preparing the property for sale while maintaining transparent communication with tenants.

Who Needs to Complete and Submit Form 10?

This form must be completed by the lessor or the renting agent responsible for the property. It is not to be sent to the Residential Tenancies Authority (RTA) directly but must be provided to the tenants before or at the same time as an Entry notice (Form 9). The form serves as an official notice that the property will be sold, and tenants should be informed well in advance of any scheduled viewings or inspections.

How to Fill Out the Form 10

Step 1: Property Address

Provide the full address of the rental premises, including the postcode. This ensures there is no ambiguity about which property the notice pertains to.

Step 2: Details of the Lessors and Selling Agent

• Full name or trading name of the lessor or renting agent
• Postal address and postcode
• Contact details such as phone number and email address

Step 3: Details of the Tenants

List the full names of all tenants receiving the notice. It is important to ensure the notice is given to all individuals residing at the premises.

Step 4: Details of the Selling Agent

• Full name or trading name of the selling agent
• Postal address and postcode
• Contact details such as phone number and email address

Step 5: Sales Strategy

Describe the approach for selling the property. The form allows for details such as open houses, signage, on-site auctions, or other methods. It is important to note that open houses and auctions cannot be conducted without the tenants’ written consent. Additionally, advertising must not include photographs or images showing tenants’ possessions unless explicitly agreed upon in writing.

Step 6: Issue Date and Method

Indicate the date the notice was issued and the method of delivery (e.g., by post or in person). This information is vital for record-keeping and legal compliance.

Step 7: Signatures

The form must be signed by the lessor or renting agent, as well as any secondary agent involved in the sale process. Signatures confirm the accuracy and authenticity of the notice.

Additional Considerations and Best Practices

When completing Form 10, ensure all information is accurate and complete to avoid delays or disputes. It is advisable to keep a copy of the signed form for your records. Remember that the form should be provided to tenants before or at the same time as the Entry notice (Form 9), which is used to schedule inspections or viewings.

Important Legal and Procedural Notes

• The form must not be sent directly to the RTA; it is solely for the tenants.
• Multiple notices or entries, such as notices to leave or intentions to leave, may impose restrictions on entry frequency. Refer to the RTA’s guidelines for specific rules.
• All parties should be aware that the purpose of this notice is to facilitate a transparent and fair process for both landlords and tenants during the sale of the property.

Conclusion

Form 10 is an essential document in Queensland’s residential tenancy framework, ensuring tenants are properly informed of upcoming property sales. Proper completion and timely delivery of this notice help maintain good landlord-tenant relationships and comply with legal obligations under the Residential Tenancies and Rooming Accommodation Act 2008.