It’s important to know your rental rights

AS A tenant, it’s in your best interests to understand how you can be affected when a landlord wishes to sell or present the property you’re living in to prospective buyers (either in person or through advertising programs).

The following sections from the RTRA Act will hopefully be able to answer any questions you have and make the process less intrusive:

Photos

Section 203 of the RTRA Act requires tenant’s written consent be obtained before the images can be used in advertising, if the photos show anything belonging to the tenant.

Entry requirements to access the rental property

The RTRA Act has proscriptive requirements in relation to gaining access to a rental property for showing buyers.

Section 192 sets out the reasons (grounds) entry can be made to a rental property, whilst section 193 sets out the time frames for the notice periods. In the case of showing the property to a prospective buyer, 24 hours’ notice must be given. The RTA Form 9 must also be issued in all situations; even if the tenant agrees to the entry. Section 192 (1) (f) is the relevant provision for entry to show the property to prospective buyers.

Section 198 (1) (b) (ii) requires the secondary (selling agent) to give a copy of every entry notice to the renting agent, unless the renting agent agrees to not receive the entry notice. If agreement is made between the renting and secondary agent to not receive the entry notice, it is recommended to be in writing. Section 198 also requires the secondary agent to provide the tenant, and the renting agent with the RTA Form 10, lessors intention to sell the premises.

Notice periods for vacant possession for a contract of sale

If tenant on a fixed term tenancy at time contract entered into for sale; notice period is 2 months (section 329), but the tenancy cannot end earlier than the end date of the tenancy contract unless the tenant agrees.

If tenant on a periodic tenancy at time contract entered into for sale; notice period for termination is 4 weeks (section 286).

Postage times to be added to the notice period if notices posted.

Open houses and on site auction

If the rental property is to be sold by auction and the auction is to be held on site, the RTRA Act requires tenant’s written consent to allow the auction to be held on site (section 204).

Written consent is also required for open houses to occur. Open homes are defined as "open house means an advertised period during which premises that are for sale or rent may be entered and inspected by prospective buyers or tenants generally".