aconcannon Posted August 15, 2017 Share Posted August 15, 2017 My husband & I moved into an apartment in Sydney about 7 weeks ago. We've since been told the owner is in financial difficulty & wants to sell. It just so happens my husband started a new job yesterday & he now works Monday - Friday 10pm - 6am, meaning he needs to sleep during the day. The real estate selling the property aren't happy that we won't allow them to hold open viewings for potential buyers during the hours my husband will be in bed. He's happy to get up a little earlier in the evening to allow for viewings after 5pm, and weekend viewings aren't a problem, however, the real estate feel we aren't being cooperative and are hard pressuring us to get access during the day when he needs to sleep. Does anybody know where we stand with this? Or has anybody been in a similar situation? Thank you Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
ScottieGirl Posted August 15, 2017 Share Posted August 15, 2017 (edited) They need your consent, you can stipulate the time. Threaten to report them to Fair Trading if they carry on. http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Renting_a_home/Resolving_renting_problems.page? Edited August 15, 2017 by ScottieGirl 3 Quote Link to comment Share on other sites More sharing options...
Collie Posted August 15, 2017 Share Posted August 15, 2017 Check tenants rights for your state on google. I think you are only obliged to allow them 1 window per week. Most agents normally show on a Sat or mid week evening. Some do Sundays (which is better IMO as less competition) Offer them 5pm on a Weds/Thurs , 3pm on a Sat. or 11am on a Sunday. They should only need 1/2 hour max. Then tell them to FO. You are entitled to quiet enjoyment 2 Quote Link to comment Share on other sites More sharing options...
Collie Posted August 15, 2017 Share Posted August 15, 2017 Just saw that you are in Sydney. This is covered under the Residential Tenancies Act 2010 so is fairly up to date. Fair Trade NSW covers this and their website is ok AFAIK 1 Quote Link to comment Share on other sites More sharing options...
aconcannon Posted August 15, 2017 Author Share Posted August 15, 2017 Check tenants rights for your state on google. I think you are only obliged to allow them 1 window per week. Most agents normally show on a Sat or mid week evening. Some do Sundays (which is better IMO as less competition) Offer them 5pm on a Weds/Thurs , 3pm on a Sat. or 11am on a Sunday. They should only need 1/2 hour max. Then tell them to FO. You are entitled to quiet enjoyment What does FO mean@collie? The real estate guy is so pushy telling me how I need to allow them in during the day on a Wednesday as apparently week night viewings aren't a thing? Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
aconcannon Posted August 15, 2017 Author Share Posted August 15, 2017 They need your consent, you can stipulate the time. Threaten to report them to Fair Trading if they carry on.http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Renting_a_home/Resolving_renting_problems.page?Thanks for this! Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
ScottieGirl Posted August 15, 2017 Share Posted August 15, 2017 (edited) 3 minutes ago, aconcannon said: What does FO mean@collie? The real estate guy is so pushy telling me how I need to allow them in during the day on a Wednesday as apparently week night viewings aren't a thing? Sent using Poms in Oz mobile app Rubbish! When does he expect tenants who work in the daytime are going to view? I rented last year and most viewings were weekend or weekday evenings after 5pm Edited August 15, 2017 by ScottieGirl 2 Quote Link to comment Share on other sites More sharing options...
Collie Posted August 15, 2017 Share Posted August 15, 2017 2 minutes ago, aconcannon said: What does FO mean@collie? The real estate guy is so pushy telling me how I need to allow them in during the day on a Wednesday as apparently week night viewings aren't a thing? Sent using Poms in Oz mobile app RE agents will always try it on. Once they realise that you know your rights under the law they back off. FO - is a less polite version of Feck off That's BS, 5pm viewings are very much a thing as most buyers are at work. he just doesn't want to work late. 3 Quote Link to comment Share on other sites More sharing options...
calNgary Posted August 15, 2017 Share Posted August 15, 2017 4 minutes ago, aconcannon said: What does FO mean@collie? The real estate guy is so pushy telling me how I need to allow them in during the day on a Wednesday as apparently week night viewings aren't a thing? Sent using Poms in Oz mobile app LOL, I think its means F'lip' Off and is a swear word... If they cant do night viewings tell them to do weekend ones during the daytime like you have offered. Cal x 1 Quote Link to comment Share on other sites More sharing options...
Guest Posted August 15, 2017 Share Posted August 15, 2017 They can't force you to having viewings at a time that you don't want. Don't see why they can't do them on the weekend or after 5. I would've thought any buyers would be working anyway and after hours would be better for them. We have been through this early last year in Victoria at the time we were working nights ( harvest time). I must say the agent was much nicer than yours appears to be. One more thing if you have a lease they can't force you leave until that is up unless you want to go. Property would have to be sold with you as sitting tenants until lease has expired. If no lease they must give you 60 days notice to vacate the property if it's sold. Stand your ground on this. Quote Link to comment Share on other sites More sharing options...
Wa7 Posted August 15, 2017 Share Posted August 15, 2017 You pay the rent so do the viewings when it suits you, if the agent doesn't change his tune tell him to jog on. Weekends only as far as I'm concerned. 2 Quote Link to comment Share on other sites More sharing options...
welljock Posted August 15, 2017 Share Posted August 15, 2017 15 hours ago, Chicken66 said: They can't force you to having viewings at a time that you don't want. Don't see why they can't do them on the weekend or after 5. I would've thought any buyers would be working anyway and after hours would be better for them. We have been through this early last year in Victoria at the time we were working nights ( harvest time). I must say the agent was much nicer than yours appears to be. One more thing if you have a lease they can't force you leave until that is up unless you want to go. Property would have to be sold with you as sitting tenants until lease has expired. If no lease they must give you 60 days notice to vacate the property if it's sold. Stand your ground on this. In WA it's only 30 days if it's sold, 60 days is the normal notice if not. Quote Link to comment Share on other sites More sharing options...
Guest Posted August 16, 2017 Share Posted August 16, 2017 Oh really it's 60 in Victoria. 5 hours ago, welljock said: In WA it's only 30 days if it's sold, 60 days is the normal notice if not. Quote Link to comment Share on other sites More sharing options...
aconcannon Posted August 16, 2017 Author Share Posted August 16, 2017 We've managed to get a 10% reduction on our rent for the 'inconvenience' of them selling it and us having to vacate for open inspections etc. Have stuck to our guns re the inspection times which they are begrudgingly adhering to!! Had my manager telling me (stressing me out to death) that once the apartment has been bought the new owner can transfer to a new real estate should they so wish, this means they can then increase our rent and ask us to sign up for another 12 month lease (for example) or worse still kick us out if they decide they want to move in! Have read endless things online saying they legally can't do any of this until our fixed term lease is up in March of next year, however, my manager is adamant these rules are broken all of the time - anybody had any experience in this matter???Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
ScottieGirl Posted August 16, 2017 Share Posted August 16, 2017 They may well try but they can't legally increase the price until the lease is up so as long as you pay the original rent there is nothing they can do. The bond is held by an independent bond board so they can't touch that either, although they can make empty threats. They can't evict you either check the listing and make sure it stipulates it's leased and the end of the lease date. If not stay for the inspection and make sure you tell anyone viewing. They cannot force you to leave during the inspection although I imagine they will want you too but they are hardly going to have a raging argument with buyers looking on. Quote Link to comment Share on other sites More sharing options...
Guest Posted August 16, 2017 Share Posted August 16, 2017 If you are concerned about your rights contact the Tenants Union or whatever the organization in NSW is or the CAB in your area. As Scottie Girl says they can't do any of what your manager says the can legally you are in the box seat here. Obviously they can make things a bit difficult but hold your ground and don't be pushed around. Quote Link to comment Share on other sites More sharing options...
welljock Posted August 16, 2017 Share Posted August 16, 2017 18 hours ago, Chicken66 said: Oh really it's 60 in Victoria. A quick check says it's also only 30 days in NSW also. Quote Link to comment Share on other sites More sharing options...
Skani Posted August 17, 2017 Share Posted August 17, 2017 19 hours ago, aconcannon said: Have read endless things online saying they legally can't do any of this until our fixed term lease is up in March of next year, however, my manager is adamant these rules are broken all of the time - anybody had any experience in this matter??? If I were you I'd have a talk about your particular situation with your local Tenant Advocate at https://www.tenants.org.au/ Then you'll know exactly where you stand when the real estate bozo tries to bamboozle you. Quote Link to comment Share on other sites More sharing options...
Parley Posted August 17, 2017 Share Posted August 17, 2017 Fair go. The landlord owns the house. It is his property. The landlord should have the right to arrange inspections when he wants during normal business hours. It is a bit ridiculous if a tenant can start dictating terms to an owner. Quote Link to comment Share on other sites More sharing options...
aconcannon Posted August 17, 2017 Author Share Posted August 17, 2017 Fair go. The landlord owns the house. It is his property. The landlord should have the right to arrange inspections when he wants during normal business hours. It is a bit ridiculous if a tenant can start dictating terms to an owner.I disagree. If you were paying $750 a week to rent an apartment & you worked nights, would you be happy to come home from a 10 hour shift knowing you can't go to bed because 30 people will be turning up for an open inspection twice a week?? If you were living in that property for free, then yes it probably is ok to expect that of somebody but not when it's your home that you're paying good money to live in!!!Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
Parley Posted August 17, 2017 Share Posted August 17, 2017 It is not your home. That is the whole point. Quote Link to comment Share on other sites More sharing options...
aconcannon Posted August 17, 2017 Author Share Posted August 17, 2017 It is not your home. That is the whole point. I don't own it no, but I'm paying the owners mortgage & it's where I live so of course it's where I call home - they aren't doing me a favour by letting me live there! I think you're being completely unreasonable in thinking it's ok for someone to be expected not to sleep following a night shift & before another shift because a real estate isn't being flexible! Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
NickyNook Posted August 18, 2017 Share Posted August 18, 2017 2 hours ago, aconcannon said: I don't own it no, but I'm paying the owners mortgage & it's where I live so of course it's where I call home - they aren't doing me a favour by letting me live there! I think you're being completely unreasonable in thinking it's ok for someone to be expected not to sleep following a night shift & before another shift because a real estate isn't being flexible! Sent using Poms in Oz mobile app Of course it's your home. You pay the rent so you are entitled to have quiet enjoyment and use of the premises and the landlord/agent must not interfere with your possession of those premises. Have you seen this: https://www.tenants.org.au/factsheet-28-sale-of-rented-premises ? It details what your rights are if your rental is up for sale. You can't be evicted until the end of your lease (if you're on a fixed term lease). The 30-days notice is required only if the original tern has expired and you're on a rolling lease. 1 Quote Link to comment Share on other sites More sharing options...
aconcannon Posted August 18, 2017 Author Share Posted August 18, 2017 Of course it's your home. You pay the rent so you are entitled to have quiet enjoyment and use of the premises and the landlord/agent must not interfere with your possession of those premises. Have you seen this: https://www.tenants.org.au/factsheet-28-sale-of-rented-premises ? It details what your rights are if your rental is up for sale. You can't be evicted until the end of your lease (if you're on a fixed term lease). The 30-days notice is required only if the original tern has expired and you're on a rolling lease. I have seen this yes but thanks for sharing it with me anyway I'm not sure what the deal with the other person is...Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
AJ Posted August 18, 2017 Share Posted August 18, 2017 On 8/16/2017 at 14:29, aconcannon said: We've managed to get a 10% reduction on our rent for the 'inconvenience' of them selling it and us having to vacate for open inspections etc. Have stuck to our guns re the inspection times which they are begrudgingly adhering to!! Had my manager telling me (stressing me out to death) that once the apartment has been bought the new owner can transfer to a new real estate should they so wish, this means they can then increase our rent and ask us to sign up for another 12 month lease (for example) or worse still kick us out if they decide they want to move in! Have read endless things online saying they legally can't do any of this until our fixed term lease is up in March of next year, however, my manager is adamant these rules are broken all of the time - anybody had any experience in this matter??? Sent from my iPhone using PomsinOz I had a rental property being sold when we were still in it. Even if it is sold they have to honour the conditions of the lease that you signed so the rental agent is trying to get one over on you. You do not have to vacate when they are doing the open inspections, you are entitled to be there. I insisted, I was not having strangers walking about a house that all my personal belongings were in, just insist if you want to stay. We had bought a house anyway and our lease had 3 months to go but we wanted to move in a month, I also refused to do viewing whenever they felt like it but agreed to give them Weekend viewings if they let us out of our lease the 2 months early, as if it didnt sell we would have the rent to pay, it worked so everyone was happy in the end. 1 Quote Link to comment Share on other sites More sharing options...
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