Under section 86 of the NSW Residential Tenancies Act, a landlord can terminate a lease prior to the end of a fixed term contract if the premises are to be sold. The tenant was aghast when told there would be weekly open houses and photos would be published online.
Two months after signing a new lease for my current rental property, it was put up for sale. I have no problem with the real estate bringing potential buyers through the property but the agent is insisting on conducting open house inspections for anyone who wants to haphazardly waltz through my home for 4 Saturdays in a row between 10-10.30am.
He also insisted that on Monday, he will be coming into my home to take photos of the inside of my property to whack all over the internet for advertising purposes. I also have been granted permission to have tenants in the granny flat at the back of the property. All the photos being taken and the continuous open house inspections are really invading their privacy as well.
I raised these issues with the agent. His response was: "I have always done open house inspections and taken internal photos on all houses I sell. I intend on doing it, and if you don't like it, feel free to give 3 weeks notice and move out."
I don't deserve this. I am a good tenant with good references and a brilliant rental history. My property is always clean and tidy and my rent is always paid well and truly in advance.The use of images of tenants' possessions without permission is prohibited only in Queensland and Tasmania. In other jurisdictions, tenancy legislation does not specifically prohibit the taking of photographs.
While tenants have a right to quiet enjoyment, landlords also have a right to access in defined circumstances. It is unclear whether agents can take photos of the premises inclusive of tenants' possessions.
The tenant eventually convinced the agent not to publish the photos but discovered some pretty interesting information.
The real estate has actually now agreed that they will not do the internal photography. But the latest info I have is that the landlord actually did this exact same thing to the last tenant.
The landlord had the house for sale and took it off the market while he got a new tenant signed and then later re-listed it for sale. It turns out that my asshole landlord is a repeat offender. The proof is right there. The great thing is agents cannot remove this info.
Since this new evidence came to my attention, I have now requested that the landlord now reduce my rent by 30% from the date that it was re-listed. And also that the landlord pay my relocation costs. They have refused so it is now a matter for tribunal and with the evidence I have I will certainly win hands down.By pretending he was selling the property, he could lawfully show the property twice a week. If it were to be rented, it could only be shown in the last fourteen days. See section 55 of the NSW Residential Tenancies Act.
Information is power. Historical information about rental properties is available online. Tenants can obtain free property profile reports from Onthehouse.com.au. Another good website is Myrpdata.com. The site costs money but it provides more detailed information
You can find out:
You can find out:
- when property is bought
- when property is sold
- when property is available to rent
- when property secured a tenant
- when tenant moved out
- when property unlisted or relisted for sale
- managing agents
- sales price for property
- how much property is rented for each week
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