Tenant has any rights when house being sold?

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TeaLeaf

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Topic # 164428 9-Feb-2015 14:48

Our house owner signs us up and 2 months later wants to sell the house, bye bye agency listing fee.

Not only this they want to show the house once a week for an hour.

As a tenant do I have any rights as clearly this is an invasion of privacy and we wouldnt have signed up to the lease had we known they were intending to sell it. Can they show it weekly or can I refuse and ask for fortnightly?

NZ is messed up when it comes to real estate having lived in many other countries.

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Reply # 1233465 9-Feb-2015 14:54

The short answer is yes. The longer answer depends on the tenancy agreement you signed. The first place for you to look is here http://www.dbh.govt.nz/tenancy-index

If you want to talk to a human being and get advice call 0800 83 62 62 (0800 TENANCY)

MikeB4

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Reply # 1233466 9-Feb-2015 14:55

Have a read here, http://www.dbh.govt.nz/residential-tenancies-act

both parties have rights. Boils now to both parties being reasonable

Mike
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4possm

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Reply # 1233470 9-Feb-2015 14:59

What I would recommend you do as a minimum is to ask for a discount in rent. Since they want to show your house as an open home for one day a week I would recommend you ask for a drop of 1/7th of the current weekly rental rate during this time as they are in effect not allowing your usage of the property for a full day.

If you paid a letting fee to an agency I would also ask them to refund the fee if you are forced to move out.

johnr

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Reply # 1233472 9-Feb-2015 15:00

Ask for a reduction in rent

Jase2985

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Reply # 1233477 9-Feb-2015 15:02

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maybe they didnt intend to sell when they signed you up? maybe situations have changed

Andib

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Reply # 1233481 9-Feb-2015 15:05

We're going through a simlar situation at the moment.
If you're in a fixed tennacy the landlord MUST sell the house tennanted.

http://www.dbh.govt.nz/tenancy-sale-of-premises-info

Fixed-term tenancy agreements

If the landlord and tenant have signed a fixed-term tenancy agreement, the property must be sold tenanted, unless the landlord and tenant come to an arrangement for early termination of the tenancy. Neither party to a fixed-term tenancy agreement can give notice to terminate the agreement early because the property is on the market.

JWR

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Reply # 1233501 9-Feb-2015 15:31

4possm: What I would recommend you do as a minimum is to ask for a discount in rent. Since they want to show your house as an open home for one day a week I would recommend you ask for a drop of 1/7th of the current weekly rental rate during this time as they are in effect not allowing your usage of the property for a full day. If you paid a letting fee to an agency I would also ask them to refund the fee if you are forced to move out.

I am pretty sure you don't have to submit to an open home.

Having people wandering around your house is not very good for security.

Even the landlord can't just wander into your house anytime he feels like it. He must give prior notice.

TeaLeaf

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Reply # 1233504 9-Feb-2015 15:36

Situation is they wanted us to sign up to a periodic lease, we thought fine, gives flexability and as a landlord of houses overseas I think they are better as disgruntled tenants forced to pay rent for an empty property damage a lot more than happy tenants, especially in a flood market with over priced properties.

I think 1/7th sounds fair. It is a major hassle as its the only one of two days we really see each other (being on a Sunday) and we have family visiting along with a disabled person.

Are you saying we can say no you cant do open homes? I thought we had to do what they say, but I thought it would be fortnightly. A Sunday morning is meant to be a rest morning and its really inconvenient. let along insecure and not private along with having to keep the house spick and span which we try to but shouldnt have to.

JWR

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Reply # 1233516 9-Feb-2015 15:55

TeaLeaf: Situation is they wanted us to sign up to a periodic lease, we thought fine, gives flexability and as a landlord of houses overseas I think they are better as disgruntled tenants forced to pay rent for an empty property damage a lot more than happy tenants, especially in a flood market with over priced properties.

I think 1/7th sounds fair. It is a major hassle as its the only one of two days we really see each other (being on a Sunday) and we have family visiting along with a disabled person.

Are you saying we can say no you cant do open homes? I thought we had to do what they say, but I thought it would be fortnightly. A Sunday morning is meant to be a rest morning and its really inconvenient. let along insecure and not private along with having to keep the house spick and span which we try to but shouldnt have to.

I don't think you have to allow casual open home viewers turning up without prior warning.

In most open homes, the buyers/viewers aren't closely supervised. It is quite a risk to you.

sidefx

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Reply # 1233517 9-Feb-2015 15:56

TeaLeaf:
Are you saying we can say no you cant do open homes? I thought we had to do what they say, but I thought it would be fortnightly. A Sunday morning is meant to be a rest morning and its really inconvenient. let along insecure and not private along with having to keep the house spick and span which we try to but shouldnt have to.

The page linked by Andib seems pretty informative. Yeah, it sounds like you can refuse open homes (and insist it's by appointment only) or choose what days\times you want them to happen.

Access to the property

Landlords have the right to show through the property prospective buyers, real estate agents or a registered valuer who is engaged in the preparation of a report where the prior consent of the tenant has been obtained (this consent cannot be unreasonably withheld).

Tenants cannot unreasonably refuse a request by the landlord or their agent to access the property, but they can set reasonable conditions for access. These may include, but are not limited to:
·          Limitations as to time of day and days of the week;
·          Refusal of open homes and auctions on site;
·          Requesting to be present when open homes are taking place.

Tenants may not have to agree to open homes or auctions on site and can insist that the property be shown by appointment only. A tenant could also negotiate consideration in the form of a temporary rent reduction for the inconvenience for allowing open homes. The landlord is under no obligation to grant such a request.

If a landlord wants to include open homes or an on-site auction in their sale plan, they should discuss this with the tenant first and get their tenant’s prior consent for specific dates and times for these to occur.

Again, remember that communication and negotiation are the keys to a successful sale. When a schedule of access is agreed to, it is suggested that it be put in writing and be signed by all parties involved – and kept to!

mckenndk

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Reply # 1233519 9-Feb-2015 16:00

What does your insurance company think of people coming in to look at things they want to burgle from the property at a later time or when no one is looking.

I would make sure you are covered contents wise as there is usually some ruling that people let into your house are not covered as burglaries.

If there are any extra premiums get them to cover them.

keewee01

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Reply # 1233522 9-Feb-2015 16:01

Check out this recent thread on GeekZone which was along the same lines.... Currently renting, owner selling house - open home "reasonable access" question

TeaLeaf

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Reply # 1233523 9-Feb-2015 16:02

well is asking for open homes to be kept to fortnightly unreasonable?

currently they want sunday 10am for 30 minutes every week. PITA !

i feel violated and cheated and i get nothing out of this but paying $500 a week for them to sell their house.

networkn

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Reply # 1233524 9-Feb-2015 16:02

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TeaLeaf: Our house owner signs us up and 2 months later wants to sell the house, bye bye agency listing fee.

Not only this they want to show the house once a week for an hour.

As a tenant do I have any rights as clearly this is an invasion of privacy and we wouldnt have signed up to the lease had we known they were intending to sell it. Can they show it weekly or can I refuse and ask for fortnightly?

NZ is messed up when it comes to real estate having lived in many other countries.

Good lord you have a problem with 1 hour a week? Both parties need to be reasonable and I think they are being very reasonable.

It's entirely possible they didn't know when they signed you up they wanted to sell it, peoples circumstances change, sometimes suddenly.

networkn

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Reply # 1233535 9-Feb-2015 16:05

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4possm: What I would recommend you do as a minimum is to ask for a discount in rent. Since they want to show your house as an open home for one day a week I would recommend you ask for a drop of 1/7th of the current weekly rental rate during this time as they are in effect not allowing your usage of the property for a full day. If you paid a letting fee to an agency I would also ask them to refund the fee if you are forced to move out.

It's 1 HOUR a week, not the entire day. Is he seriously going to ask for a 1/168th reduction in rental.

People need to be reasonable.

If 10am Sunday doesn't work, he could offer them another (REASONABLE) time.

OP needs to put himself in the other parties shoes.

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