Notice to tenants prior to a property being placed on the market for sale.

Under Section 53 of the Residential Tenancies Act (the Act), a landlord is required to provide the tenant with 14 days’ notice prior to the date that the premises are first made available for inspection to prospective purchasers.

In respect of these inspections, the landlord or agent must make all reasonable efforts to come to an agreement with the tenant as to days and times for the periodic inspections.

The tenant is not to unreasonably refuse to agree to the times and days for inspection. Therefore, with sufficient notice there should not be many instances where a tenant will be able to refuse entry. If they try to be difficult the landlord or agent can advise them of their obligations and that they have no legal basis to refuse to grant entry.

The Act also states that the tenant must give access for inspections up to twice a week, but is not required to agree to any more than this. Therefore, if the tenant consents to have inspections more than twice a week, it would be best advised to get this in writing.

Within the Act it also provides that all residential tenancy agreements include a term that the tenant must permit a landlord/agent, exercising a right of access, to access the property. The Act also has limits in place regarding entry by the landlord or others without consent.

If a landlord/agent enters without complying with those limits, they could face a fine of up to $220.

If the tenant still does not agree to grant access to the property, the only other option will be to apply to the Consumer & Commercial Division of the NSW Civil and Administrative Tribunal (NCAT) requesting authority to enter the premises.

For further information, please contact our Conveyancing Team.