Open home issues

Falakiko asks:
(updated on Friday, March 23rd 2012)

My landlord has recently decided to sell the house that I am renting. Do I have to let real estate agents bring people through? I am on a fixed term tenancy until June. I have allowed real estate agents to come through to get the information they need to put the house on the market. Also to take photos, although not in the bedrooms or lounge. The house is now posted online with photos and the address. Am I the only one who thinks this isn't right? Now they have asked if we would consider an open home. Am I being unreasonable? My home is very private - a place for me, my family and my friends.

Our Experts Answer:

Under the Residential Tenancies Act 1986, landlords must obtain the tenant’s prior consent to show the premises to prospective purchasers. However, it is important to note that a tenant cannot unreasonably refuse consent (and doing so amounts to an unlawful act) but may attach reasonable conditions to that consent. I suggest you discuss access times with your landlord to try and reach an agreement over viewing times that are reasonable to both parties. Landlords also have a responsibility to ensure that they do not interfere with a tenant’s reasonable peace, comfort or privacy of the premises. It is reasonable to expect a landlord to provide information on the property when advertising it for sale but if you have concerns regarding the way it is advertised (e.g. any photos that contain your possessions) then you should discuss these concerns with your landlord. To discuss your situation further, or for information about when properties are placed on the market, you can visit the Department’s website (www.dbh.govt.nz), or call 0800 TENANCY (0800 836 262).

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The Co-operative Bank - First Home Special 2.09
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ICBC 2.25
HSBC Premier 2.25
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AIA 2.29
TSB Special 2.29
The Co-operative Bank - Owner Occ 2.29
SBS Bank Special 2.29
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Heartland Bank - Online 2.35
ICBC 2.35
HSBC Premier 2.35
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SBS Bank Special 2.49
The Co-operative Bank - Owner Occ 2.59
BNZ - Classic 2.59
ASB Bank 2.59
AIA 2.59
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HSBC Premier 2.89
TSB Special 2.99
AIA 2.99
Westpac Special 2.99
ICBC 2.99
ASB Bank 2.99
China Construction Bank Special 2.99
BNZ - Classic 2.99
SBS Bank Special 3.19
Kiwibank Special 3.19
The Co-operative Bank - Owner Occ 3.19
Heartland Bank - Online 2.50
Resimac 3.39
Kiwibank - Offset 3.40
Kiwibank Special 3.40
Kiwibank 3.40
Bluestone 3.49
Select Home Loans 3.49
ICBC 3.69
The Co-operative Bank - Standard 4.40
The Co-operative Bank - Owner Occ 4.40
Kainga Ora 4.43