Inspection Rules for Victoria for Tenants

LAbhiju20 on 05/07/2016 - 23:24
Last edited 06/07/2016 - 08:39 by 1 other user

Hi,
Need some advise from my fellow oz bargainers.

I am sure many of you have been to this situations and I am not the first one - so seeking some help here. I am renting a property for last 4 years. Last year in October, the house was put up for auction. It did not clear the auction. Since then the saga continues…
They put the property up for privat sale. The agent has been asking me for inspection every now and then - so that the prospective buyers can have a look. I can't count but it has been inspected at least 40 times by different people in last 6 months. While I have tried to accomodate this so far, things are a bit tricky now.
They will be putting the property up for auction again in two months and have requested me to vacate the property. Which I I'll do in next few weeks. But surprisingly, they are asking me for a time so that they can start the inspection from now onwards every Saturday which would be pretty annoying. I should have left the property earlier but stayed and I have a plan to buy one soon.
My questions. -

A. Can they inspect the property whenever they want when you are renting out ?
B. Now that I will vacate it soon, do I have to agree to their demand of setting the inspection now ? It can I refuse and ask them to wait till I vacate ?

Any thoughts will be really helpful.

Home & Garden

Comments

  • tomsco on 06/07/2016 - 06:55

    Someone will come to confirm the laws for Melbourne, but I think generally they're only allowed X number of visits within a period.

    If they're kicking you out, the bastards should just wait till you've vacated - I'd say no to as much as I could.

  • spal on 06/07/2016 - 08:02

    If it is okay with you ask for a substantial reduction in rent to put up with inconvenience. Even otherwise they are better of getting some rent, then to not get any.
    You need to push back and say it is not convenient, and ask them to put every request in writing to you. Whilst you have lease of the property, you have control on who you allow access.

  • BuyoTheCat on 06/07/2016 - 09:26
    +1

    I had that happen to me many years ago. They had people coming every sat for a few months. I cracked it and told them. NO!!!!
    This lady called me and said the owner has a right to sell. and I told her I have right too. I have been more than accommodating so far. In Victoria, there is the Tenent Union of Victoria to advise tenants.

    http://www.tuv.org.au/

    You can ask them to reimburse your rent for the inconvenience caused. Inspection EVERY sat is a major pain.

  • jimbobaus on 06/07/2016 - 10:06
    +2

    I am a propety investor in Melbourne and recently sold a property.
    I was lucky in the sense that my tenants had vacated when i was selling.

    However i was investigating the rules if the tenants were present.
    So the owner is allowed to request access for inspections, however the tenant is allowed to refuse access.

    If the tenant agrees a reduction in rent can be requested. (1 day rent reduction for each open for inspection day)
    also if the tenant agrees then no more than 2 Open for Inspections can occur per month and a minimum of 7 days notice per inspection must be given.
    The tenant also has the right to be present at every open for inspection. Some owners don't like this as buyers may ask tenants questions owners don't want answered.

    Its better for the seller if you are there, furnished houses sell quicker than empty ones.

    You can advise that for your own personal security you are not comfortable with random people coming through the house,
    also if you are under a lease, you can request to have the lease broken without penalty so you can simply vacate so she/he can sell the house.

  • Abhiju20 on 07/07/2016 - 19:23

    Thanks all for your thoughts and advice. I understand, being a tenant, you are in the wrong side of th fence with little control. May be, I have been good to accomodate all their requests.
    I refused to agree to their inspection time and recently they have written a 'Notice of entry'. I am not sure if that is a usual thing here in Victoria.

    Do I have a right to say 'No' to an inspection' citing personal reasons ?

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