werty1

Hi, we are in a rental been here a year alreay and got 6 more months on our contract, its a private rental but land lord thinking about selling so testing the market, a realestate guy just rang up on a sunday and said can people come and view ther house tommorow, on a public holiday! I said no because we have plans and will be out all day (and the house is a tip!) so he said I can just show them round and I said no as I wasnt happy with that, he was really off and rude after that!
Anyone know how much notice they need to give and any rights I may have? I dont want to move!!
Thanks in advance

Deancm

The law doesn't impose limits on a landlord's ability to dispose of their property. However, aspects of selling tenanted properties are regulated by your tenancy agreement and by the Residential Tenancies Act 1997 (RTA). You do not have to allow unlimited access to prospective purchasers, and you may not have to move.

Have a look at this site: www.tenantsact.org.au/Advice/sale.html

ABCDiamond

Which State are you in ? The rules may be different for some States.

werty1

Im in WA, thanks for that link I will check it out

MarkMC

I hate rude estate agents, tell him because of his tone you will need 10 days notice for any viewings and you are only available Monday from 10-10:15.

We had problems when moving out of the last rental and them wanting to bring people round at crap times/short notice. Then they turned up with about 30 people in 1 go and some of them made loads of comments about the state of the place as we were in the middle of packing up. Kerry kicked some of them out in the end.

The Bloke

WA Dept of Commerce....
http://www.docep.wa.gov.au/ConsumerP...s_and_sec.html

Check the "Other rights of entry Landlord".....

The landlord may also enter the premises in the following circumstances:

1. in an emergency;
2. you give permission at the time;
3. to collect the rent if it is paid weekly or less frequently and the agreement allows for collection at the premises;
4. to inspect the premises when collecting the rent as above, but not more than once every four weeks;
5. to carry out or inspect necessary repairs after giving at least 72 hour's notice;
6. to show the premises to prospective tenants in the 21 days before the end of an agreement,
7. after giving the tenant reasonable notice; or
8. to show the premises to prospective buyers, after giving reasonable notice.

The landlord must only enter a property at a reasonable hour in these circumstances, except in an emergency, or with your approval. You may wish to be present on these occasions.

If a landlord gives proper notice to enter the premises, the landlord or the agent may use their spare key to enter the property even if you are not there.

If the landlord enters the premises without proper notice or authority under the Residential Tenancies Act, you can ask that it doesn't happen again, serve a notice on the landlord for not keeping to the agreement, or seek an order from the Magistrate's Court about acceptable access.

Additional rights of entry apply to caravan park owners under the Caravan Parks and Camping Grounds Act 1995.

werty1

Thanks everyone this is great, does that first link apply to WA as we have not had it it writing of intent to sell!

sonlymewalter

Whilst some real estate agents have no consideration for the tennants, bear in mind they may need to provide a reference. Stand your ground and make sure the arrangements suit you as well as them.

At the end of the day renting means you are potantially going to be on the move. This is one of the major pitfalls of renting

werty1

Id buy the dam house myself if we could get a mortgage but we are here on a student visa its a good price too

sonlymewalter

Everything for a reason. Something better will come along

katsmajic

We're in SA and had the same thing recently - landlord called and said they wanted to value the house for 'reinvestment reasons'...
they got 2 quotes and then put the house on the market - 1st we knew was an agent calling to arrange an open for that weekend & do photos the next morning!!!
Our rental real estate agent told us our rights - only need to hold an open once a fortnight - have 2/3 days notice of a private viewing, 24hrs notice for landlord to access property, no matter what anyone says the owners have to abide by your rental agreement and see out the term of your contract.

We tried to play fair and opened 3 weekends on the trot to try to get the house sold asap so we knew where we stood - said no to opening mothers day and things turned a bit funny.

In all the house sold - to an investor we know, the owners bought round a case of beer and nice bottle of wine as thanks for us having the house so presentable.

You have the security in knowing you are ok in your house until your contract runs out.

ABCDiamond

That first link: http://www.tenantsact.org.au/Advice/sale.html was only for the ACT, not WA.

For WA one link is Tenants Advice Service of WA http://www.taswa.org/

Siren & Brian

As you have 6 months left on your lease chances are it will be an investor that buys the property if it sells quickly.

Best thing to do is talk the sales rep and say they can show people through for an hour on Sat or Sun each week and with 72 hours notice for 1 time during the week. The quicker the rep sells it the quicker you dont have to deal with buyers coming through.

Gems

We also had this, our next door neighbor deliberately forgot to tell us they were selling. First we knew when hubby got a call at work, saying viewers were coming in the morning. Estate agents are pain in the arses.

The estate agent promised us, he would give us 48hours notice. However kept ringing up and saying 'can I bring people around this afternoon'.

I got well sick of him, and in the end had to send him an email venting my anger.
He soon got the message and rang me up straight away. This gave me more time to give him a peace of my mind.

I can tell you I was well pleased when it sold to an investor.

Sadly estate agents dont give a stuff about the tenant. They are just after the sale. You need to stand your ground, or they will make your life a misery.

Gems

Damson

[QUOTE=werty1;7619667] so he said I can just show them round and I said no as I wasnt happy with that, he was really off and rude after that!

Not surprised, as it would mean HIM having to show people round on a public holiday instead of you!