Rental... is this on??

Hi Ladies,
im currently in the process of moving (yep HATE IT!!!) we gave 3 weeks notice, hand back the keys on the 30th, but are moving our gear this weekend, so as to give a few days for cleaning up whatever needs to be done...

The sign went up outside last week, the real estate agent have had a lot of interest so are bringing people through already, is this ok for them to do, while we are still there?? We have mentioned we aren't happy with this as we have boxes here there an everywhere an baby stuff still hasnt' been packed, I feel slightly violated when people come through (and I notice a few have looked embarrased looking around while Im sitting there with a crying baby) but the agents áre pushing us as they need to have someone in as soon as we move out. They even tell us, if we aren't there they will use there own key to show people around.

we suggested they wait til next week once our gear is out and have who ever is interested look at the house on the same day but he still turned up yesterday with 2 car loads and is coming around again this morning with another few.

So we have had people come through Saturday, Monday & Tuesday so far. I had a grumpy girl yesterday arvo an felt I couldnt feed her until everyone left (there were about 10 people)

Edited by JoleneandJustin

Check your agreement but most state that you have to allow them through with 48 hours notice.

I'm fairly sure it's not 48 hours notice, but "reasonable" notice. 48 hours appliues to the notice the landlord needs to give for an inspection. It is open to interpretation as to what is reasonable, but generally a few hours (4 hours) notice has been accepted by the Tenancy Tribunal as being "reasonable". You do need to agree though, for them to bring people through. They can't just turn up, nor can they just use their key if you haven't agreed - you are still entitled to your quiet enjoyment of the property. I have copied this directly from the Tenancy website (www.tenancy.govt.nz)...

To show the property to prospective tenants, purchasers or a registered valuer who is engaged in the preparation of a report, the landlord needs the prior consent of the tenant to enter the property. The tenant cannot unreasonably refuse consent but may attach reasonable conditions to their consent.

The landlord must not use force or threat of force to enter or attempt to enter the property while the tenant, or any other person with the tenant’s permission, is in the property. A landlord who does this may be liable for a fine or imprisonment.

I would imagine the fact that you need to feed your child at a certain time is not an unreasonable reason for refusing access, but maybe come up with an alternative time instead? Or give a specific time frame that suits you.

yeah its fair enough, we did suggest they show people through from Saturday onwards, but they felt it wasn't enough time to get someone to sign up as the owner wants tenants in as soon as we move.

Edited by JoleneandJustin

Yep I would be letting them know some set times and days and sticking with that. You probably do need to let them through before you move out but they can't just show up when they like and they DEFINITELY can't threaten to just use their own key to access the place if you're not there! If you have contact with the LL I would be talking to them and letting them know what's going on and telling them to back off a bit. You have a new baby!

We moved out of our place when C was 5 months old and because we gave so much notice they started showing ppl around when he was only 3 months. I was still BF. I told the agent they could only come between 11-12 and 3-4 because I would be feeding or C would be sleeping. Also I wouldn't let ppl look in his room if he was napping! But they had loads of time (and didn't let it before we moved in the end so could show it empty).

We had an ipod go missing in a flat a few years ago when an agent showed up with 3 groups of people to show through the house at the same time. DH called the manager to complain and demanded the names of all the people who came through to hand over to the cops. The manager yelled back at DH over the phone telling him it was perfectly within his rights to show people through the property. We never got the list.

When my old flat was being sold the landlord basically said 'we'll have people through during from 11-1' please let us know if you are ok with that.'

But he was pretty cool as far as landlords go. An aging queen who liked to come down and sip cocktails on our back porch in lava-lavas.

Ok, a few things I'd like to comment on here:

1. It is unreasonable to expect them to wait until after you have moved out to show people through. It often takes a few weeks to find a new tenant, and of course the bigger the gap between your tenancy ending and the new one beginning, the longer the landlord has to pay the full mortgage themselves with no rent coming in. So you should definitely allow them some access to show new tenants through
2. Having said that, they also have to recognise your rights, and can't just push you around willy nilly to show people through whenever they like. You're still the tenant, you still pay rent, it's still your house. While they can give 48hrs notice in writing (hand-delivered to you, that is), in practice it is better to get on the phone and agree on 2 or 3 times a week that they can come through.
3. As nice as the last posters landlords were, don't get your hopes up with regards to free rent or anything like that - the landlords aren't actually doing anything horribly out of the ordinary here, and they still (probably) have a mortgage to pay, so why would they shoot themselves in the foot financially?

I'm in real estate and am a landlord myself so have lots of experience with this - any other questions let me know

Yep I think if you read through the posts the people aren't stopping prospective tenants from being shown through - just asking for more than a few hours notice.

Sadly most LL's in my experience completely ignore the tenancy laws and think they can just show up whenever to show people through. And if they don't then the real estate agents do. My last LL's were great with negotiating times but the RE agent pressured us into open homes both days of every weekend for a month PLUS turned up with people every weekday.

Edited by Bobbie

Because it was on the Bose docking station – I was listening to it as I was cleaning. I paused it when I received a phone call, then forgot to turn it back on again. 1 hour later and it was gone burgers.

If I were a thief, I'd totally go around pretending I was a prospective tenant and pocket stuff. Too easy.

Thanks for that point about having to give 48 hours notice, ChundaMars, I'll hold them to that if I'm ever in that position again.   

One question; can an agent/landlord show people through your home while you're not there or do you have the right to refuse?