There is growing support in the property/conveyancing industry for wording on a clause for sale contracts to protect new owners and those wishing to become Landlords without beaching the extended rental moratorium on agreements.
The AICWA has contacted DMIRS and has subsequently confirmed the following clauses are acceptable:
• The purchaser acknowledges that the property is sold subject to an existing fixed-term lease being in place until xxxx. The purchaser acknowledges that vacant possession may not be possible prior to the end of the emergency period under the Residential Tenancies (COVID-19 Response) Act 2020.
• This property is being sold subject to vacant possession becoming available. The vendor will give notice to the tenant as required under section 63 of the Residential Tenancy Act. Settlement will take place the day following written confirmation that the vendor has attained vacant possession.
Source: 23 September 2020 aicwa eNewsletter
PS: It is also worth asking for the REIWA COVID annexure to cover other contract issues on any WA property.