Tenant has any rights when house being sold?

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#1234518 11-Feb-2015 10:30

Good on you.

I don't like your chances of getting the letting fee back, but certainly give it a go - they misrepresented, and (I am not a Lawyer) surely you have some remedy under the CGA? I'd be interested to see how you go.

Be firm with their sales team - guaranteed they will try bringing people through outside of your agreed open home times. Stamp on it early, and tell them you are making the place available for them once a week, and stick to those times.

Good Luck.

sidefx

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#1234528 11-Feb-2015 10:44

Good attitude TeaLeaf.

Some (late) food for thought, not specifically aimed at you, just in general:

1) Who stands to gain the most from the sale of a tenanted property?
IMO the Landlord, given the current state of the property market, the fact they get to continue collecting rent while also selling the place, and the fact that generally it's easier to sell a property when tenanted (both from the point of view of it being furnished and a better potential investment)

2) Who is inconvenienced the most from the sale of a tenanted property?
IMO the tenant, 30 min or 1 hour or whatever per week may not seem like much to some, but given it's in the middle of the weekend, the time when most people want some downtime and relaxation, it would seem like far more of an inconvenience than many are making out. Not to mention things like security considerations and a feeling of invasion of privacy (yes some might not be bothered by this but to others this is a big deal...)

Combine these facts and IMO it's not unreasonable for the tenant to be asking what their rights are, Particularly in this case given how soon the sale is after the OP moved in and the way they found out about the whole thing...

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#1234530 11-Feb-2015 10:46

threaten to go to the media. and actually do it.

networkn

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#1234533 11-Feb-2015 10:48

joker97: threaten to go to the media. and actually do it.

WTF?! Why would he do that? He isn't being treated unreasonably? No media outlet with any brains would consider looking at something like that.

Jase2985

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#1234546 11-Feb-2015 10:54

joker97: threaten to go to the media. and actually do it.

with what? this same situation probably happens multiple times daily all over NZ

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#1234549 11-Feb-2015 10:56

people go to the media if their cat goes missing. why not this?

PeterQ

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#1234573 11-Feb-2015 11:06

We were in the same situation a while back and agreed to the open homes but stayed in the house while they were there and also had a rent reduction of $70.00 pw, it happens that the landlord sold it and gave us a months notice considering that they are supposed to give us 90 days when it is sold but that was the only way he could sell it so we asked or compensation of a $1000.00 which he accepted and paid for so both parties were happy but we also had trouble finding a new place to rent that suited us

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Jase2985

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#1234575 11-Feb-2015 11:07

joker97: people go to the media if their cat goes missing. why not this?

dont be daft

MikeAqua

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#1234611 11-Feb-2015 11:41

Something I didn't see specifically suggested (I skim read): If it isn't too late require the landlord/agent to agree in writing to cover any theft that occurs during open homes. You are handing your home over to their supervision, and they have duty of care.

When we had open homes selling our last place, a number of small things were lifted. Nothing valuable, small pocket-able things: One steak knife from a set, my favourite fridge magnet, a little travel memento, a small imperial spanner from the garage wall.

We locked away obvious things like electronics, remotes, batteries, but never thought anyone would steal fridge magnets.

Mike

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#1234614 11-Feb-2015 11:45

networkn:
joker97: threaten to go to the media. and actually do it.

WTF?! Why would he do that? He isn't being treated unreasonably? No media outlet with any brains would consider looking at something like that.

You have just answered that with this "No media outlet with any brains would consider looking at something like that" that would mean ALL the NZ media would jump at it.

Glassboy

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#1234633 11-Feb-2015 12:08

Queue complaints about Stuff

sxz

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#1234639 11-Feb-2015 12:23

PeterQ: ...they are supposed to give us 90 days when it is sold but ...

42 days. 90 days if they want you out, but only 42 days if they want you out because they are selling or because they want to move in themselves, or a close family member. Well done on getting compensation though!

TeaLeaf

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#1234641 11-Feb-2015 12:26

thanks sidefx. there is no point having a bad attitude when dealing with people of less ethical make up. it is better to just be sure your rights are protected.

lol not going to the media, thats the last thing i need, but would make a funny fair go.

believe it or not 30 mins is actually a very big deal in my circumstance. without being in my circumstance that is hard to understand. hence why i was saying dont assume i am being difficult or am upset.

yes the insurance is the last thing left to organise an i want them to take ownership for this.

we have already started looking for places so may move within a few weeks as there are plenty interested.

my only regret is taking this over a house 300m away which was with a private rental (with the landlord) and had no agents fee. it just didnt have as easy access but was ok. we would still be there and she was a lovely woman.

i found it odd returning to NZ having to pay a lease fee. i really dont understand how they justify this cost, especially when they plan to sell it on you within a couple of months. its dead money. our agent didnt advertise or anything, simply i rang and asked and he said had one coming up and to go look and i took it. silly me.

MikeAqua

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#1234643 11-Feb-2015 12:40

It's another revenue stream for the rental agency, usually in addition to commission/fees payable by the landlord. There are two parties involved in renting a house, so agencies make money off both. They can get away with it in a competitive market.

i found it odd returning to NZ having to pay a lease fee. i really dont understand how they justify this cost, especially when they plan to sell it on you within a couple of months. its dead money. our agent didnt advertise or anything, simply i rang and asked and he said had one coming up and to go look and i took it. silly me.

Mike

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#1234644 11-Feb-2015 12:41

Oh by the way, you don't have to keep the place clean before a viewing.
It's totally up to you. They can't kick you out if it's not 100% clean. Sure I would personally make it "a little bit tidy", but not "Property inspection clean", you know?
From experience, the real estate company will try to get <24 hours notice for a spontaneous viewing (e.g. email you at 1pm for a 6pm viewing), I learned that if you let them do this once, they will keep trying for all the other viewings! So don't even let them do this once.

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