Tenancy Rights Violation
The individual is facing a breach of tenancy rights in New South Wales due to actions taken by their real estate agent. The property is currently up for sale, and the agent has conducted inspections with prospective buyers without proper notification. Additionally, the agent has attempted to retrieve the keys from the tenant, who continues to reside in the property and fulfill their rental obligations. This circumstance raises concerns regarding tenancy rights, property sales, and violations thereof. The individual seeks clarification on their rights and the legality of the agent's conduct.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights as a tenant when the property I am renting is being sold?
As a tenant in New South Wales, you maintain your rights under the Residential Tenancies Act 2010 even if the property is being sold. Your lease remains valid, and you are entitled to continue residing in the property until the end of your lease term, unless there is a mutual agreement to end it early. The landlord or their agent must respect your privacy and quiet enjoyment of the property. Tenants cannot be forced to vacate simply because the property is for sale. Property access requires your consent in addition to the specific rights outlined in the Act.
Is the real estate agent permitted to enter the property without giving prior notice for inspections with potential buyers?
Under the Residential Tenancies Act 2010 (NSW), a real estate agent must deliver at least 14 days written notice before the first inspection can take place when selling a property. For subsequent inspections, a minimum of 48 hours notice is required. The agent is not allowed to enter the property or conduct inspections without this notice, as it breaches your tenancy rights.
What actions can I take if the real estate agent attempts to take my keys without permission?
If the real estate agent tries to take your keys without consent, you should inform them that this is a violation of your tenancy rights under the Residential Tenancies Act 2010 (NSW). It's essential to document the incident, including dates and communication, and consider lodging a complaint with Fair Trading. If you're concerned about your security, you may change the locks, but ensure to comply with any requirements to provide the landlord with a copy of the new keys.
What legal measures can I pursue if my tenancy rights are violated during the property sale process?
You have several legal options available if your tenancy rights are violated during the sale of the property. Document all occurrences of the agent’s actions, such as unnotified visits or attempts to seize keys. You can file a complaint with Fair Trading, which manages tenancy disputes. Furthermore, consider applying to the Civil and Administrative Tribunal for orders enforcing your rights, such as halting unlawful entry or seeking compensation for breaches.
