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

The owner of a DHA leased property has appointed your agency to sell their property. The following information will be helpful to assist you in this process.

The owner is required to abide by the lease conditions of the DHA lease agreement and property care contract (applicable for lease edition 7). As the owners appointed selling agent, it is important you are aware of the terms of the DHA lease agreement so that you can adhere to the conditions when marketing and selling the property. A breach of the lease conditions can affect the owner’s ability to sell the property.

The owner should refer to their DHA's guide to selling with a lease in place to ensure they provide DHA required notifications throughout the sales process.

Defence members and their families occupy properties leased to DHA. Therefore, DHA requires you to respect their privacy and security at all times.

The owner will login to their online services account and download a sales package with all the property information required for selling to provide to your agency.
This should include a copy of the DHA lease agreement, property care contract (applicable for lease edition 7), rental details, floor plan, and photographs.
If you require additional information to assist you in selling the property, please ask the owner to request the information by email via midleasesales@dha.gov.au
The owner will start the sale process through their online services account, DHA will then advise the occupant of the sale and the expectations around providing access during the sale process.
Once this process has commenced the occupant details will become visible on the owners' online services account for the owner to provide to you as the selling agent. The owner should not contact the occupant directly under any circumstances.
The occupant details must not be provided to third parties. The privacy and security of our occupants is very important and you must consider this when coordinating any inspections.
As the listing agent, it is important that you contact the occupant as soon as practicable to introduce yourself and discuss mutually convenient inspection times.
If the occupant advises they will be away during the course of the sale process, they can nominate a representative to allow access to the property in their absence.
DHA do not hold keys for occupied properties. If the property becomes vacant during the sales process DHA will arrange access by appointment to the property. Please note the owner will not hold keys to the property during the lease term.
If you have difficulty contacting the occupant during the inspection process, please contact midleasesales@dha.gov.au as soon as possible so DHA can address any issues.
The property is leased to DHA and should be marketed as an investment property. The owner will provide photographs from DHA’s system, which can be used for marketing purposes. Please note that photographs are taken during vacancy periods and in most instances are not professional photographs.
To ensure all conditions of the DHA lease agreement are met, and to minimise disruption to the occupants, you must adhere to the following when marketing the property:
- Any advertising for the property must clearly state that the property is subject to a lease and include the lease terms
- A “For Sale” sign must not be erected in front of the property
- The street number of the property must not appear in any advertising
- The property is not pin-pointed on any map highlighting the exact location
- Open homes should not be arranged or advertised
- Inspection times should not be advertised as inspections should only be conducted with genuine pre-qualified purchasers
If further guidance on how to market the property is required, please contact midleasesales@dha.gov.au
To ensure all conditions of the DHA lease agreement are met, and to minimise disruption to occupants, you must adhere to the following during the sales process:
- Potential purchasers attending inspections must be genuine qualified prospective purchasers and understand that the property is leased to DHA.
A selling agent can qualify a purchaser by ensuring the purchaser:
- has reviewed all photos and a copy of the property floor plan
- has reviewed a copy of the DHA lease agreement
- has familiarised themselves with the region in which the property is located
- is in a financial position to submit an offer following the property inspection.
- Open homes should not be conducted.
- Auctions should not be held on or adjacent to the property*.
Ensure the owner notifies DHA once the property either via their online services account or email midleasesales@dha.gov.au
- is listed for sale
- has exchanged contracts
- the sale falls over
- is withdrawn from sale
- has settled
*As open homes are not permitted, an auction may not be the best method for selling a DHA leased property.
Please note that DHA will notify the occupant once the property is listed and when the sales process is complete (the property has settled).
Prior to conducting the inspection, you should:
- ensure purchasers are genuine prospective purchasers and understand that the property is leased to DHA and cannot be occupied during the lease term
- record details of the potential purchaser when a contract is issued out or the property address is distributed.
Should the purchaser wish to drive past the property, under no circumstances are they to:
- approach the property or the occupant
- take any photos of the property
- look through the windows or over fences of the property.
The purchaser should not book any travel to the area until the inspection has been confirmed with the occupant. The occupant must be provided a minimum of 72 hours notice for any inspection requests.
When conducting the inspection, you should:
- Arrive early to allow time to introduce yourself to the occupant and explain the purpose of the visit.
- Advise the occupant that you are not a DHA staff member, but an agent acting on behalf of the property owner. If the occupant has any maintenance issues, advise them that they need to contact DHA directly as you are unable to assist or make any comment.
- Advise the occupant what to expect during the inspection, such as:
  - how long it will take
  - that a walk through of the property will be facilitated
  - that cupboards will not be opened without the occupant’s approval
  - that the purchaser will be accompanied through the property (they should not be left on their own)
  - that no photos will be taken.
- Invite the occupant to accompany you as you walk around the property with the purchaser.
- Advise the purchaser that they are to be accompanied throughout the inspection (they should not be left on their own).
- Advise the purchaser to respect the occupant’s privacy by not opening cupboards or taking photos.
- Advise the purchaser that any lengthy discussion about the purchase is to be conducted outside of the property so as to not take up too much of the occupant’s time.
- Advise the purchaser not to engage in lengthy discussions with the occupant.
- Should a virtual inspection be required please ensure that the video is live and not recorded, that the occupant is not visible in the video and ensure the occupant consents to the inspection being virtual prior to attending the property.
If the purchaser’s pest and building inspection raises any issues that requires DHA to respond, the vendor’s solicitor should send the report to DHA via email to midleasesales@dha.gov.au The items requiring review should be clearly identified, listing the location within the report (for example, on page 7, paragraph 3).
The report will be reviewed by DHA’s technical officers to determine which items are covered under the general maintenance obligations of the DHA property care contract (in accordance with the lease agreement) or are the owner (lessor) or occupant’s responsibility.
Items covered under the DHA property care contract or lease will be rectified regardless of who owns the property and DHA will provide this confirmation.
Alternatively, the property owner can put through a request via their online services account for pest and building items to be reviewed.

This information is commercial in confidence and supplied to appointed Agents in accordance with the DHA Real Estate Services agreement. No person may make copies or distribute this information or attachments, without DHA’s written permission.