obxer7

Owners put Rental House up for Sale

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    Hi

    We had a call yesterday from our realtor to say that the owners of our house have put it up for sale. We have a lease agreed until end of July but have been told we may need to hold Open Houses for people to view the house to buy. Can anyone give me any advice on this, am I obliged to do this, can I break lease as my contract it with the current owner (not a new owner). Any advice or even a number of someone I can call for advice would be grateful.

     

    Thanks

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    This has always concerned me about renting,which is why we always have a clause inserted in our lease, that states if the owner decides to sell we are to be allowed to terminate our lease at no cost to us.

    You can call the CBS 08 8204 9570

    Edited by SWMBO

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    This has happened to us twice and it sucks!

     

    The CBS (as mentioned above) is the govt dept for Consumer and Business Services see http://www.cbs.sa.gov.au/wcm/rentingletting/

     

    At the first house we had several open inspections (which have to be at a time convenient to you) plus an evening viewing, which resulted in a sale. The agent was a reasonable guy but after a bit we got well fed up with it and were about to start rebelling!! You can insist on staying on the premises during the inspection, which I did for the first inspection (pretending to be a buyer), and at the evening inspection. I hated the thought of all the nosey neighbours looking round the house, with no benefit to be gained for us. However my personal pride made sure that I had the house all nice and clean and tidy. I also made sure that everything valuable was removed or locked away. With the second house there were no open inspections, just about 3 for individual buyers at a mutually agreeable time, luckily during the day so we didn't all have to vacate the house. Once a buyer was found the agents asked us to leave before the end of the lease, but we were under no obligation to and didn't let them bully us, so said we would only leave at a time convenient to us when we had found suitable alternative accommodation. This was such a stressful time, being forced to move twice in less than a year. We did look to buy at the time, but ended up renting again (this time to a really nice landlord) - our next move is either to buy our own home here, or else move back to England!! (somewhat disillusioned)

     

    The Residential Tenancies Act 1995 seems to be the one in force (someone correct me if I am wrong) and it says

     

    72—Right of entry

     

    (1) It is a term of a residential tenancy agreement that the landlord may enter the premises if (and only if)—

     

    (a) the entry is made in an emergency; or

    (b) the landlord gives the tenant written notice stating the purpose and specifying the date and time of the proposed entry not less than seven and not more than 14 days before entering the premises; or

    © the entry is made at a time previously arranged with the tenant (but not more frequently than once every week for the purpose of collecting the rent); or

    (d) the entry is made at a time previously arranged with the tenant (but not more frequently than once every four weeks) for the purpose of inspecting the premises; or

    (e) the entry is made for the purpose of carrying out necessary repairs or maintenance at a reasonable time of which the tenant has been given at least 48 hours written notice; or

    (f) the entry is made for the purpose of showing the premises to prospective tenants, at a reasonable time and on a reasonable number of occasions during the period of 28 days preceding the termination of the agreement, after giving reasonable notice to the tenant; or

    (g) the entry is made for the purpose of showing the premises to prospective purchasers, at a reasonable time and on a reasonable number of occasions, after giving the tenant reasonable notice; or

    (h) the entry is made with the consent of the tenant given at, or immediately before, the time of entry.

    (2) This section does not apply to a part of the premises that the tenant uses in common with the landlord or another tenant of the landlord.

     

    Hope this helps. I don't know about leaving early, I am sure if both parties agree then it can be done.

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    Thank You very much for all your replies, I really appreciate it.

    No further forward as it the weekend but hopefully will know a bit more later this week as the estate agent selling the house will be out to visit us.

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    Guest matt n mel

    It's so frustrating; you find a house you're happy in and then after 12 months (or less!) the owners either sell or move back in! This seems to be so common over here. Happened to me, and also my friend has had to move twice in 12 months due too owners moving back in. (2 properties)

     

    Hate renting, it's definitely a landlord's market over here.

     

    Feel your pain, hopefully not overly disruptive. Good luck

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    It's so frustrating; you find a house you're happy in and then after 12 months (or less!) the owners either sell or move back in! This seems to be so common over here. Happened to me, and also my friend has had to move twice in 12 months due too owners moving back in. (2 properties)

     

    Hate renting, it's definitely a landlord's market over here.

     

    Feel your pain, hopefully not overly disruptive. Good luck

     

    Yes, we have just been applying for new rentals. One we really wanted it turns out the owner wasn't sure what they wanted to do with it. Either sell or do up and ask for more rent by the sounds of it. The house we finally got has just been bought (still has the sold signs up) specifically as a rental by a couple who are keen to keep tennants long term. So fingers crossed we will be safe lol.

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    It happened to me too. You can't avoid it.

     

    I'm a photographer so was a little worried about theft. I asked the sales agent (who was the same as the rental agent) about their liability and I insisted that they covered any thefts during open house viewings. After they gave me a few vague answers I kept on insisting for a proper written reply. The agent dropped all open viewings - which was my main goal and I just removed the equipment. All viewings were at my convenience and I didn't bother cleaning as one would if you were selling ones own house. Being insistent / demanding but not obstinate really pays off.

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    It happened to us, we signed a lease and by 4.55pm on the same day the house was up for sale! The owner didn't tell the agent selling the house that we were moving in, nor did he tell the rental agent that he had the house up for sale. Luckily both agents were really nice and we worked out times that suited us for inspections i.e. When we would be out anyway with kids sports so that we weren't put out.

     

    The house sold prior to our lease ending and we negotiated with the new owners to us moving out before the end of our lease only if we could find something else appropriate for our family, otherwise we would have to stay till the end of our contract (our choice). If they needed us out before we could find anything then they would have to financially compensate us to move as they would be breaking the lease without mutual consent.

     

    If the current owner wants you out as it would make a sale easier or a potential buyer wants vacant possession, then again you have to be financially compensated.

     

    Luckily for us we found something through here and all ended well for all parties. It is the uncertainty that is stressful but things do have a habit of working out and we are proof of that regardless of the turmoil that happens along the way :).

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    Thanks everyone, we met with the estate agent who seemed nice. No pictures will be taken in the house and he has agreed to inspection by appointment (so no open inspections), I am much happier.

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    Guest Amanda B

    Anne B what you have quoted from the act refers to routine inspections and conducting opens at the end of a tenancy.

    Unfortunatley the owner has the right to sell the property or put the property on the market at any time during your tenancy, the real estate agent has to give you 'reasonable notice' this is not specifically defined in the Act. If you have a fixed lease the letting or estate agent cannot enforce you to leave until your contract has expired. If you are looking to rent again it would be advisable to be compliant with the letting agent as you will need a reference when you rent your next property, if you also develop a good relationship with the real estate agent they can also act a referee for you. It is unfortunate that you have experienced this so soon into your tenancy and owners let their properties out for various different reasons it could be that they have found their investment too financially draining or their own circumstances have changed. Regards

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