I am immuno-compromised and think that an inspection during COVID is an unwanted risk. I have been in current property for over 2 years.
I already have a holding deposit paid on my next property, and a decade of perfect rental history. Never paid a day late, never lost any bond.
What do you think ?
Thanks in advance :)
no reply yet - I told them i am refusing (via email).
Refusing on what legislated grounds?
As if you would believe a word that came out of their mouth.
https://www.tenants.org.au/covid19/access
The Residential Tenancies Act 2010 does not allow for open homes and on-site auctions. These activities bring more people than prospective purchasers, so they need your consent.
Lol negged for stating actual tenancy law.
If you read that whole page it is a bit confusing, the part you quoted sounds like open homes require your consent, but then elsewhere it says if you are immunocompromised you need to come up with an arrangement to make the open home safer for you (making it seem like they're still allowed to do it but should take account of your needs in the manner in which they do it)
Open homes not allowed without consent.
Other inspections you will have to talk to the agent about it you are immunocompromised.
A neg instead of questioning it is simply lazy.
@brendanm: The act you quoted The Residential Tenancies Act 2010 states:
(2) A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, after giving notice to the tenant, only in the following circumstances—
(e) to show the premises to prospective tenants, a reasonable number of times during the period of 14 days preceding the termination of the agreement, if the tenant is given reasonable notice each time,
(this one doesn't apply here if it's not an open house for sale)
(f) if the landlord and tenant fail to agree under section 53 to show the premises to prospective purchasers, not more than twice in any period of a week, if the tenant is given not less than 48 hours notice each time.
@Trance N Dance: Where does that say an "open home" is allowed exactly? Open home is not the same thing as showing one prospective tenant through. In this case with covid, op can also request for other conditions.
@brendanm: The Residential Tenancies Act 2010 s55(2)(e) does. An open home is the landlord/REA showing the premise to prospective tenants/buyers.
If you're arguing that under covid conditions landlords/REAs in Sydney can't show properties to prospective tenants/buyers, then you're right to a certain degree. There needs to be a covid safe plan, but as long as the landlord/REA has one, you can't unreasonably refuse entry.
Yes, you can make all sorts of requests for any other conditions you want, doesn't mean the landlord/REA has to grant them.
An open home is the landlord/REA showing the premise to prospective tenants/buyers.
No, it's showing it to a bunch of random people, lots of which likely have no interest in buying.
An open house is different to walking a prospective buyer through.
@brendanm: I can see what you mean but under the law, there's no distinction. Anyone who turns up to an open house are by definition of showing interest a potential tenant/buyer. The potential of you renting/buying is extremely low but technically non-zero because you've shown interest by attending.
They actually can enter without consent provided they give you reasonable notice and it's within 14 days of the tenancy termination date.
Entry without consent: permitted frequencies & notice periods
To show the premises to prospective tenants A ‘reasonable’ number of times in the 14 days before the tenancy agreement ends ‘Reasonable’ notice each time
I never said they couldn't, I said that op can refuse an open house, not refuse anyone at all. However, with covid and ops immune system issues, it's possible they could get the landlord to put inspections off until after they move out.
If you don't mind paying extra rent since it would take longer for the new tenant to move in if the open homes wait until you've moved out then I can't see why they would have a problem
this makes no sense, they won't be asked to pay extra rent, the landlord has grounds to request this. If they are out of a contractual lease period, they just need to nominate the end of lease date, and that is when they stop paying. That's it.
OP didn't say they were at end of lease just that they were leaving
I am at end of lease, within the final 7 days of the 21 day notice period.
@jaygriz: In that case, surely it's not unreasonable to ask them for to wait an extra few days or a week before opening up. I guess you could use stall tactics. Seven days will be up in no time.
If they insist, cook some really smelly food and watch the agent's face when the potential new tenant refuses to enter! haha
@bobbified: You were right, stall tactics.
I pushed back really hard using the clause in the NSW legislation that says 'reasonable notice' should be given. The agent tried to argue that 48 hours was reasonable notice, writing long winded emails and quoting legislation and the lease. I replied with 3 sentence emails at most quoting the same legislation. I work in regulation for government quoting legislation all day so I was certain they wouldnt win that argument in front of a tribunal.
They cancelled the planned open house.
In the end I allowed an open house 3 days before end of lease, when neither I nor my things were there. No one showed up anyway.
Good luck to anyone with this problem in the future, stand your ground and remember what is reasonable for the agent might not be reasonable for you.
@jaygriz: oh yeah, I politely asked to see their Covid Safe plan before the open house was to occur. They included a small list of precautions (names, hand sanitiser, masks). They did not have a covid safe plan prior to our discourse.
@jaygriz: Great to hear that it worked out for you in the end! And thanks for coming back with an update too! :)
Best of luck with the new place!
There's no rule that says the new tennant has to be back-to-back with the old one.
When I was looking for a place in 2017/2018 I looked at a few places with the tennant still in and 90% I wasn't interested in as they didn't present well.
I think it's good pracice for the owner to do a tidy up of the normal wear and tear items before starting the open house process.
Why don't you negotiate with the REA and offer something - eg a video walk through.
Note that while an "open house" inspection is not allowed under the Residential Tenancies Act 2010 it is super easy for the REA to bypass that by either only allowing people with appointments or simply booking them with an "appointment" as they show up at the door and then supervise them as they walk through.
I would consult the Council and Health Department. They can issue an order to the agent. Alternatively, see if you can use NCAT to obtain an order and interim injunction - that will give you enough time until you move.
Or suggest to the agent that you agree if they pay for a hotel for you and a disinfectant clean of the house so you can return.
I'm immune compromised as well so this 'fun' 2020 is a very worrying time.
I don't think you can or should just refuse, but you do have to take care of your health as well.
If it was me (and it will be in about 2 months) I would just require gloves and masks for everyone and that my wife or I was home for the inspections. Mainly to make sure they follow hygiene rules, but also because a few years ago we had something stolen during an inspection and the agent refused to acknowledge they had anything to do with it - and found out the hard way that there was nothing we could do.
But on topic again, masks and gloves.
Yes… whilst you still hold the lease, the property is yours.
The land lord can not, and certainly not even knock on your door, without 7 days prior warning.
As for "inspections"… they can conduct inspections of your property. The moratorium has expired, however, it is rather odd they would want to inspect b4 you move out.
Simply tell them to wait.
Can also vary depending on which state you live in, have you phoned the relevant tenants association for your area to find out your rights?
What did the agent say when you asked?