Selling A Rented Home: A Tenant's Rights

Thursday 18 Jul 2019

The landlord wants to sell 'your home', the house you've made into a home over the past 6 or 12 months as a tenant.

Immediately you start to think about where you are going to live, how much notice will you have to move out or can the landlord even do this?

Selling a rented home can be a nervous time for both the landlord and tenant. Let's look at some common issues and the best solutions for all parties.

Can the landlord sell 'my home'

Legally the property is owned by the landlord and they can sell at anytime. However, there are some conditions in place which do protect the tenant as well.

These can vary from State to State but generally if a lease is in place and it has not expired, then a tenant does not have to vacate the property when I's sold.

Can an agent do inspections with potential buyers?

Yes, they can provided the landlord grants them permission and they in turn have advised the tenant 14 days before the first inspection.

It's important for all parties to show compassion for each other’s situation. A tenant has the right not to agree to inspections and must do that in writing to the agent.

The agent can access the property twice a week provided they've given the tenant 48 hours’ notice in writing

What about open homes? When must they occur?

Never on a Sunday and only between 8am-8pm Monday to Saturday. Sufficient notice must be given as to when the open for inspection will occur.

Such inspections normally occur on a Saturday but some agents like to incorporate a dusk inspection if the property warrants it.

Will people see my things on the internet?

Possibly. The property can be photographed on the outside but for internal photos, you the tenant have to give permission. It's best to work out between the parties what can be photographed and work together on the project.

Ideally personal effects and valuables should not be photographed.

For sale signs and onsite auctions

A tenant has to give permission for these to occur.

What happens if the landlord wants me out?

If you have a fixed term lease agreement in place, you are protected. You don't have to leave.

However, if there is a periodic lease in place and the property is sold stating it's done on the basis of vacant possession, then you'll have to vacate.

What happens to my bond?

The Residential Tenancies Bond Authority needs to be advised of the new landlord if that occurs.

Your bond will be returned after your lease period expires.