Sale of Premises - Open house inspections

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Many selling agents recommend open house inspections to their clients (i.e. property owners). Often they tell tenants that an open house is necessary and that it is normal practice. Tenants should be mindful that the limits to reasonable access still apply.

There are risks in allowing this type of access. The most obvious is the security implication of having a large number of strangers enter your home, with the opportunity to see your belongings and possibly check for valuables and determine security flaws. There is no way that your ongoing security can be guaranteed. Similarly you have little recourse if there is damage to your property or the premises because you have permitted the access.

These may be risks that an owner occupier or the owner of a vacant property is willing to take, but it is not something a tenant just has to accept, as it obviously impacts upon your peace, comfort, security and privacy.

You are within your rights as a tenant to negotiate set times for individuals who have shown enough interest to make an appointment (inspection by appointment) to view the premises. If the landlord or selling owner persists and demands further access beyond what you consider reasonable, then they can make an application to the ACT Civil and Administrative Tribunal (ACAT) to be given further access.

ALWAYS REMEMBER that under Clause 53 you, as the tenant, have the right to exclusive possession of the premises during the tenancy, and under Clause 75
the landlord or agent can only require access that you allow or ACAT orders.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au