All owners are obligated by the Residential Tenancies and Rooming Accommodation Act 2008 (since 1st July 2009) to follow legislation when selling a rental property that has an existing tenant or new tenant.
An owner or their agent must provide the tenants with advise that the property is being listed on the market for sale, this is required in writing by providing the tenants with a form 10 (Notice of lessors intention to sell).
An authority from a tenant must be provided to the lessor or their agent for any photography to be taken at the premises, a lessor or their agent must not use images that contain the tenants belongings in any forms of advertising unless the tenants have provided authority to do so in writing.
Further authority must be obtained from the tenants to conduct Open For Inspections or hold an onsite Auction at the property.
If a lessor places a rental property on the market for sale within the first 2 months from the commencement of a fixed term tenancy, the tenant can give 2 weeks written notice to vacate unless they have received written notice of the property being for sale prior to the agreement being entered into.
Entry by a lessor or their agent cannot be made on a public holiday or a Sunday; or any other day after 6pm or before 8am. All entries must state a period of up to 2 hours within which entry will occur.
While not legislated both the lessor and the agent should keep in mind that having Open for Inspections and marketing on a property can be a rather frustrating time for a tenant; by offering to them a small rebate in their rent for the duration of the marketing period can produce a positive outcome with relationships and effective communications.
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