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Author: Tenants Union of VictoriaShowing prospective buyers through the premises
The landlord has a right to show the property to prospective buyers, but this right must be balanced against your right to privacy and peace and quiet. Under the Residential Tenancies Act 1997 the landlord or agent must obtain your consent or give 24 hours notice of any intended visit. The notice must be in writing, say why the landlord or estate agent is visiting, and give a time between 8am and 6pm for the inspection to take place. If the notice is sent by mail, it must also allow time for delivery (two days from when it was sent).
If the landlord gives proper notice, they are allowed to enter your property, whether or not you agree, and whether or not you will be home at the time. The landlord or agent must not visit more often, or stay longer, than is reasonable. If they haven't given proper notice, you don't have to let them or prospective buyers in.
It may be possible to negotiate an agreement with your landlord or agent which strikes a balance between your right to quiet enjoyment and their right to inspect. If you make such an agreement, you should write it down clearly and make sure it is signed by yourself and the landlord or agent.
An Agreement can include conditions such as:
- the landlord or agent will only visit if they have made a convenient appointment time with the tenant;
- the tenants will have the property open for inspection for an agreed time each week; or
- the tenants will pay reduced rent to compensate them for the inconvenience caused by the inspections.
If the landlord or agent is conducting an unreasonable number of inspections, or isn't following the rules about notice or length of stay, you should consider applying to the Victorian Civil and Administrative Tribunal for an order restraining them from disturbing your quiet enjoyment of the property.
You can also apply to the Tribunal for compensation for inconvenience, loss of quiet enjoyment, or any costs you have suffered as a result of the inspections. This may include compensation if your possessions were stolen or damaged due to the landlord or agent's lack of supervision.
If the landlord or agent will not consider a rent reduction, you should keep a diary of their activities to use when you are claiming compensation later. You should note any inconvenience you have suffered, such as the number of times they have shown people through and how long they stayed each time. In order to successfully claim compensation, the interference with your quiet enjoyment would have to be substantial.
Open house inspections
The landlord or agent should not be bringing more people to an inspection, even on auction day, than they can properly supervise. It follows that you have a right to object to 'open house' inspections if you think they will unreasonably infringe on your peace and quiet or put your possessions at risk. If the landlord or agent insists on an open house inspection, you can apply to the Tribunal for a Restraining Order. You would have to convince the Tribunal that the risk of damage and/or the infringement of your quiet enjoyment was particularly unreasonable.
Moving out when the owner sells
Just because the owner is selling does not mean you must move out of the property. If the property is sold while you are still living there, the new owner buys the property subject to your tenancy. The new owner takes over the rights and responsibilities of your landlord. This means that if you have a current fixed-term lease, the same terms and conditions apply (eg the level of rent and the termination date).
If your landlord wants you to leave, they must give you 60 days notice in writing in the standard form, stating the reason (eg the property is to be or has been sold with vacant possession). The landlord must give you notice within 14 days of signing any contract of sale over the property. If they do not give you that notice, you do not have to leave. If you are on a fixed-term lease, you cannot be given a notice when the last day of the notice is before the last day on your lease.
If you are given a 60-day Notice to Vacate, you can move out before the 60 days is up, as long as any fixed term on your lease has expired. However, you must give the landlord or new owner 14 days notice of when you are going to leave. If the fixed term has not yet expired, you cannot give 14 days notice, unless the date that the notice expires is on or after the last day of your fixed term, or the landlord or agent agree in writing to you leaving early.
If the new owner wants you to move out sooner, you can always negotiate an agreement to do this. You should negotiate compensation for your inconvenience. If you do reach such an agreement, it should be put in writing and signed by yourself and the new owner or agent.
Bonds
When the new owner buys the property, they and the previous owner must notify the Residential Tenancies Bond Authority that the ownership of the property has changed. Your bond remains with the Authority until the end of your tenancy, when your new landlord can either make a claim against it or agree to have it paid out to you.
The information in this Fact Sheet is not legal advice. It is intended as a general guide only. It applies only to legislation current in the state of Victoria, Australia. For information regarding a specific tenancy problem, contact the Tenants Union. The Tenants Union accepts no responsibility for actions based on this information, nor for actions based on electronic translations of this information.
October, 2001
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