TenantsTips / Australia / Can the landlord show prospective buyers around whilst you still live there?

Can the landlord show prospective buyers around whilst you still live there?

This article offers tenants advice and information on the rights of the landlord to show people around your home whilst you are still in tenancy.

Although the tenant has a right for peace, quiet and private life in rented premises your landlord has his right to show rented property to prospective buyers during selling.

In The Residential Tenancies Act 1997 it states that the landlord`s right to show your premises must be balanced with your right to have peace and quiet and private life.

The landlord must give you 24 hour notice in writing before visiting your premises with any prospective buyer. This notice must include a reason and time for visiting and normally the time given should be from 8am to 6pm.

If such correct notice is given then the landlord or his agent can make a visit the premises in any case whether you agree or not agree or whether you will be at home or you will absent at the time of the proposed visit.

If the correct notice is not given, then you have a right to not give access to your rented premises.

Also you can negotiate a written agreement with the landlord where it will be clearly stated the days and times for visiting.

Usually you should not agree more than two visiting a week for showing but this is up to you as it whatever you decide is fair and reasonable.

Also you can put in agreement that the landlord can make a visit only if a time can be agreed with you, and your rental price will be reduced due inconvenience by the showing your home to the prospective buyers!

If the landlord or the agent breaches an agreement in that they make visits to the property too often or do not follow the agreed time for showing, then you can make an application to the Tribunal to limit them from visiting your home so frequently.

In any instance where you incur some costs, or your possessions are damaged or stolen during showing to any prospective buyers, or your quiet and peace is diminished, then you will have a right to make a claim to the Tribunal for compensation.

You need to keep a diary and put in writing all events of visiting to show your home such as how many times, what days and for how long. It will be good for you if your landlord will not agree to reduce the rent!



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