Selling a tenanted property

Question from Jaunty updated on 9th March 2007:

What is the correct procedure for the landlord regarding advising the tenant, when putting the property on the market for sale with a real estate company.

Our expert Jeff Montgomery responded:

We encourage landlords selling their tenanted properties to be open with their tenants about their plans from the outset, to avoid any misunderstanding or disputes. For information and advice about your rights and obligations under the Residential Tenancies Act call 0800 TENANCY (0800 83 62 62) or visit www.dbh.govt.nz.

If you wish to place the rented property on the market for sale, you must advise the tenant in writing. To show the property to prospective tenants, purchasers or a registered valuer who is engaged in the preparation of a report, you will need the prior consent of the tenants to enter the property. The tenants cannot unreasonably refuse consent but may attach reasonable conditions to their consent. The best approach is to talk this through with your tenant to agree an approach the works for both of you.

Tenants may not have to agree to open homes or auctions on site and can insist the property be shown by appointment only. If a landlord wants to include open homes or an on site auction in their sales plan, they should discuss this with the tenant first and get their tenant’s prior consent for specific dates and times for these to occur.

Landlords recommended reading: Click here


The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.



 


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