YFitz

Our 6 month lease ends at the end at July- it was then going to carry on on a month by month basis- suiting us fine as we hope to buy somewhere shortly. However, we have now been told that the owner of our rental plans to sell. The agent says he will try to be as resonable as he can- giving me at least 1 or 2 days notice of a viewing and he will show round groups of viewers at the same time to cause me as little disruption as possible (yeah right) He mentioned he wasn't considering doing any home opens yet- but might in due course if it still hasn't sold towards the end of July. Him showing round viewers is one thing but I'm really not happy about home opens as everyone and their granny traipses through and I've seen the way some kids run riot, climbing on furniture, getting toys out etc....and it's all my furniture and belongings in here. My contract doesn't say anything specific, just that I should allow access at reasonable times on a reasonable number of occassions if the property is to be sold. Fair enough but does anyone know if I can be forced into allowing homeopens? Anyone experienced this before?
Cheers
Yv

ABCDiamond

The rules on this may differ between States. Where are you ?

YFitz

Cheers ABCD, we're in Perth.

ABCDiamond

In case no one local can help or advise you:

WA - Tenants Advice Service, PO Box 8437, Perth Business Centre, PERTH W.A. 6849,
Tel: (08) 9221 9499, Fax : (08) 9221 9609, Email: [email protected]

http://www.taswa.org/

This info filed away at http://www.abcdiamond.com.au/info_renting.htm

YFitz

That's great info, ABCD, many thanks

Anyone else have any first hand experience?
yv

Ceri

If it's anything like QLD , it's open to interpretation . "allow access at reasonable times on a reasonable number of occasions if the property is to be sold"
ie it needs to be reasonable for you and the landlord, not just one party . I haven't had the "open house" experience, but I have rented in the past where the landlord wanted to show buyers around nearly every day - I stuck to my guns! because it was not reasonable to me. I didn't want anyone walking around in the day when I wasn't there ( after all it's my stuff, what if something got damaged or lifted) - I only would allow early evening look arounds. And once when they wanted to show people on a Sunday ( we are always out on a Sunday) - I refused point blank and said is not reasonable to me - I even phoned the RTA up in QLD and they agreed with me - if it wasn't reasonable to me - not a damn thing the landlord could do. I can be more difficult than any Landlord, stubborn be damned lol - within my rights as well.

The reasonable times is really is open to interruption ( edit , spelling * and interpretation lol) here in QLD anyway , if Perth is similar I don't know - this reasonable times has to be reasonable for both parties. Phone up the rental body in Perth to ask about it.
Different states have different rules when it comes to renting etc. As for open house with a heap of people traipsing through I've never had this experience while renting in the past myself, but it seems a bit bad doesn't it? Seems all wrong to me. You really need to ask that rental body for advice, to see what your rights are on this.

cheers

Bix da Boss

Hi
We have just been in a similar situation

Two weeks ago, had a phone call saying the Real Estate Manager wanted to speak to us! Then in another phone call, it was made clear that he was bringing two potential buyers around! They hadn't even told us the owners where putting it up for sale! As Ceri has just said, it is a horrible siuation to be in knowing they have the right to ask you to allow people to invade your privacy whilst you are still renting! Could not believe it! Also the worry, also said by Ceri, of something being 'lifted'! I really hated having those people come in and see all that we possess, knowing it was not for OUR benefit - strange feeling, also not good to have to make an extra effort to 'tidy up' for somebody else!

They say, 'Oh we will give you 24 hrs notice, by letter' Yeh right - so bloody what! Doesn't change the fact the its not nice now does it

Actually dreading the next phone call/letter! Think I will take a tip from Ceri and make sure one of us is always here at the time of a viewing and only agree to it if it suits us! Which wont be very often! Trouble is though, I think by law, after your official lease time is up, they have every right to insist on viewings - is that right? Not sure about open weekends, that really does seem a bloody cheek! But I bet they have the right to do it!!! Hope that doesn't happen to us! Will have to try and find somewhere else to live pretty damm quick if it does!

Our lease actually ends 2nd week of July, one of the real estate agents has told us we will have to leave then, as it will be going up for sale. The other has told us only this week, that NO you dont have to leave, as far as she was concerned we will be on a weekly basis contract from then on, also, the owners need to give us at least 4 weeks notice in writing to vacate the property, and we have to give them at least 2 weeks notice before moving out.

Plain fact is its A.P.I.T.A.!!!!! Puts me off renting really, but have no choice at the moment.

Oh well, all sent to try us - I hate that saying

Must keep our chins up eh!

Ceri

you really need to stick to your guns on this reasonable time - landlords think it is just for them, but it has to be reasonable for both of you. Even the RTA will tell you this - it is so open for interpretation and no set hard rules - this reasonable time is for both parties. And landlords take advantage of this, thinking it is only for them. You do the same - NO to so and so day is really not reasonable for us , but so and so day is. You will have to stand up to the landlord on this, and quote the RTA rules at them, because some of them really do try it on - "they are in the right" attitude - b*llux, they are on this .Read them your rights lol and tell them to take it up with the renting body as you are within your rights. Stick to your guns if so and so day/time is not reasonable for you.

Also what I was worried about too when I was renting and had this prob, if you have contents insurance read through the small print - I'm allowing access to these people, so if something gets stolen, I'm not covered because they did not break and enter my home, I gave them permission/let them in - it is not a break and enter
It can compromise some insurance polices.

tip, never rent somewhere that is for sale - get out quick if you can, it's a pain in the arse when they put the house on the market!

there are a load of things that are double standards - like the landlord must respect your peace and privacy is one of them too in Qld ( and probably it's the same for most states with peace and quiet etc), I hardly think the open house one with a load of people walking through gives you this. It just seems all wrong to me - and if it were me - I would not be happy about it, and find out my rights on this from the renting body so I could block it if I was within my rights.

Cheers

Bix da Boss

Hi occarence

occarence for that! Didn't think about the House insurance thing! Will have to tell Box that tonight - sure he'll be pleased - not!!!

As for renting a house that was originally up for sale - at the time did not realise the complication's this could create at end of lease! Truth is, the owners were hoping we were going to be in a position to buy it - but we are not I think, looking back, that was probably the only reason they decided to rent it to us in the first place! Realy put their noses out of joint me thinks

We are still on a very steep learning curve as many others on here - thats why its good to talk eh Cheri

Will be (trying) to stick my heels in - just keeping fingers crossed it doesn't become too regular an occurrence

The Cairns Realter will be on our shopping list tomorrow, thats for sure m8!

Take care

lindseyden

Hi all

I am one of these horrible real estate people we all love to hate, as of 6 weeks ago. The "reasonable time" element written into these contracts is so ambiguous that judges tend to err on the side of the tenant when things get too bad (understandably so). But do you really want it to get that far. Come to some arrangement with the real estate people, talk to them they are usually fairly human and try to keep everybody happy. You will legally have to allow people to view your property once you have received 48 hours notice. As for home opens as a rep I wouldn't do a home open in a tenanted house unless they agreed. There doesn't seem to be anything written anywhere that you have to allow it and I personally I think you are right to say no, I know I would and I'm also still in rented. Also they have to give you at LEAST 30 days notice to vacate but you only have to give 10 days. I hope this helps. Good luck.

ABCDiamond

Good luck in the new job You do get some good ones I met one once..

lindseyden

Thanks ABCD, I am loving every minute of it!!!!

Larissa

This is the sort of thing which worries me about renting, good on Ceri for all the helpful info!
Our landlord intends to do the place up when we leave and then charge more. Problem is hubby has just finished a short contract and so we are up in the air at the mo, I hope they don't give notice soon or it will be another thing to stress over.
Hmmm, I guess you could always mess the house up when they come round I can give some more tips if you like, or you could borrow my kids!

YFitz

Thanks for all the help and info folks. I don't want to be too awkward with the viewings as it would make life far easier if we could stay on here week by week after our lease ends if he still hasn't sold it by then. I certainly won't let him take the p*** though and will look carefully into where we stand regarding home opens.
Thanks for the offer Larissa, I might just take you up on it (I think you must live really close to us anyway) Have got 3 of my own so am sure between them all they could make a serious mess That's the thing about renting though- you are under someone else's control- if they want to sell at any point during your lease you have to go along with it. I'm even wondering if the owner knew all along he was going to sell but used us to clean it up (it was shocking but thats another story) and so it will look better to viewers with furniture in. Can't wait to get into our own place...feel like we've been living in limbo for the last 6 months.
Anyway thanks Lindsay, Bix and Ceri for your views.
Yv