What are my rights if a landlord wants to sell?
One of the challenges of renting is learning that your landlord wants to sell. You will need to make sure that you know your rights so that you are dealt with legally and respectfully.
If you have a fixed term agreement in place, landlords cannot make a tenant leave. They can stay until the end of their term and the new owner becomes the landlord.
However, if the tenant wishes to vacate and the landlord agrees – be sure to have written documentation showing both parties have agreed and signed to an end date, so there’s no room for confusion.
Periodic agreements – If the new owner is requesting the property be vacant, after the contracts of sale have been exchanged, landlords must give their tenant notice to vacate.
NSW: 30 days written notice prior to the end date of a fixed term agreement, 90 days notice for periodic agreements, using this Notice to terminate tenancy agreement
What are the rules for showing prospective buyers through the property?
As a landlord you should be fair and considerate of the tenant at all times during the sensitive process of showing other people through their current home. Working together to decide on an access schedule that works for you both is the best and safest way to proceed.
As a tenant you should make sure you are comfortable with access for prospective buyers and communicate any concerns promptly to your landlord or property agent/manager. You may also wish to stow private items during inspections. This will protect your privacy, and may improve the buyer experience (letting them more easily visualise themselves in the property). Take care not to disrupt or deliberately impact the inspection.
If one party believes the other is being unreasonable they can take the matter to CTTT for intervention or judgement.
If no agreement can be made with the tenant/s, no more than two per week, giving 48 hours’ notice.
Can an agent/landlord put a ‘for sale’ sign on the rented premises?
Yes. The tenant would have to show that having the sign on the rented premises would interfere with their peace, comfort or privacy in order to refuse.
Can an agent/landlord photograph or take a video of the inside of the rented premises to be placed online in order to assist with the sale of the premises?
Tenants have the right to refuse to have their personal possessions photographed or videoed. However landlords expect to be able to show off their property in the best possible light – which generally means nice looking photos or videos.
Landlords can work with tenants to come to a mutual agreement to only photograph rooms (i.e. organise a day for professional photos with rented furnishings), or focus on areas of the property with non-identifying possessions or contents (such as a bathroom).
If you would like any further information please feel free to give me a call on (02) 9672-6055
Thanks Rach.
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