Sales agent instructions - selling a property with a DHA Lease in place

The owner can log in to Online Services and download a sales package containing the property information required for sale. The owner will provide this sales package to your agency. 

The sales package includes: 

• links to landlord, sales agent and solicitor instructions 
• property photos (taken during vacancy periods and not professionally produced)
• a copy of the floor plan
• lease documents, including any variations
• the most recent monthly statement. 

The owner may nominate your agency as a delegate in Online Services. This allows you to:

• access property information
• raise enquiries with DHA on the owner’s behalf
• download the sales package directly. 

The owner can nominate a delegate by selecting My Account in, then Manage Delegates in Online Services. 
 

If marketing photos are required, you must obtain the occupant’s consent before arranging access. You must also provide adequate notice to ensure the occupant has sufficient time to remove or secure any personal or identifiable items they do not wish to be photographed. 

The owner must start the sales process in Online Services. This notifies DHA of the sale, and DHA will inform the occupant and outline their access obligations.

Once the sales process has started, occupant details will be available in the owners' Online Services account. The owner can provide these details to you. The owner must not contact the occupant directly at any time.

Occupant contact details are personal information:

• you must use these details only to arrange sale-related inspections
• you must not disclose these details to third parties
• you must handle all information in line with privacy and security requirements. 

You should contact the occupant as soon as practicable to introduce yourself and arrange mutually convenient inspection times.

If the occupant will be unavailable during the sale process, they can nominate a representative to provide access on their behalf. 

DHA does not hold keys for occupied properties, if the property becomes vacant, DHA will arrange access by appointment. 

If you cannot contact the occupant or are unable to arrange access, contact DHA as soon as possible so we can assist.
 

The property is leased to DHA and must be marketed as an investment property. 

The owner will provide photos from DHA’s system for marketing. These photos are taken during vacancy periods and are generally not professionally produced.

To comply with the DHA lease and minimise disruption to the occupants, the following requirements should be observed when selling the property:

• ensure all advertising states the property is subject to a DHA lease and includes the lease terms
• a “For Sale” sign should not be erected at the property
• the street number of the property must not appear in any advertising
• open homes should not be arranged or advertised, without the occupant’s consent 
• auctions should not be held on or adjacent to the property

The owner must notify DHA via their Online Services account or by email, when the property:

• is listed for sale
• exchanges contracts
• has a sale fall over
• is withdrawn from sale
• has a change in the sales agent, solicitor or conveyancer 
• settles.

DHA will notify the occupant once the property is listed for sale and when settlement has occurred.
 

If a prospective purchaser attends the area to view the property externally, they must not:

• approach the property or the occupant
• take photos of the property
• look through windows or over fences. 

The purchaser must not book any travel to the area until an inspection has been agreed with the occupant. 

Where possible, DHA requests that the occupant are given a minimum of 72 hours’ notice for sales-related inspections.

When conducting an inspection, the following practices should be observed:

• advise the occupant that any maintenance issues should be raised directly with DHA
• allow the occupant to accompany you while walking through the property with the purchaser
• ensure the purchaser is accompanied at all times  
• ensure the purchaser respects the occupant’s privacy, including by not opening cupboards or taking photos
• conduct detailed sale discussions outside the property 
• minimise direct interaction between the purchaser and the occupant.

For virtual inspections, you must: 

• conduct the inspection live (not recorded)
• ensure the occupant is not visible
• obtain the occupant’s consent before the inspection.
   

The contract of sale should include:  

• the name and contact details (including email address) of the solicitor or conveyancer acting for both the vendor and the purchaser 
• purchaser details, including full legal name, phone number and email address. 

Once contracts have exchanged, the owner is required to notify DHA as soon as possible.  

The owner should:  

• log in to Online Services and upload a fully signed copy of the contract of sale  
• provide the required contract details, including:  
  • the expected settlement date 
  • where the contract is signed in counterpart, copies of both the vendor-signed and purchaser-signed execution pages 

Uploading the contract allows DHA to process the change of ownership after settlement and to communicate settlement-related matters with the vendor’s and purchaser’s solicitors. 
 

If a purchaser’s pest and building inspection identifies issues that require a response from DHA, the owner may submit a Request for Maintenance Review via their Online Services account. Alternatively, the vendor’s solicitor may provide a full copy of the inspection report by email. 

Any items requiring review must be clearly identified, including their location within the report (for example, page and paragraph reference). 

DHA will review the report to determine whether the identified items fall within DHA’s maintenance obligations under the DHA lease and, where applicable, the Property Care Contract, or whether they are the responsibility of the owner (landlord) or the occupant. DHA aims to provide a response within seven days, subject to any inspection requirements.

Where items are covered under the DHA lease and, where applicable, the Property Care Contract, DHA will arrange rectification in accordance with its obligations and will confirm the outcome to the relevant parties, regardless of any change in property ownership. 
 

• Defence member acknowledgement form (only applicable for purchasers who are Defence Members)
• Landlord Information form 
• Deed of Novation.