Rental... is this on??
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Topic: Rental... is this on??
Posted By: M2K
Subject: Rental... is this on??
Date Posted: 22 September 2009 at 9:02am
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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)  ------------- 
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Replies:
Posted By: caliandjack
Date Posted: 22 September 2009 at 9:07am
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They need to give you 48 hours notice of a visit. You can refuse to allow the agents access.
------------- http://lilypie.com" rel="nofollow">   [/url] Angel June 2012 |
Posted By: clover
Date Posted: 22 September 2009 at 9:11am
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Check your agreement but most state that you have to allow them through with 48 hours notice. ------------- http://lilypie.com"> 
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Posted By: M2K
Date Posted: 22 September 2009 at 9:15am
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I thought that might be the case, I'm usually pretty cruisy, the landlords used to call round whenever they felt like it, but at the moment I just feel slightly annoyed having people in and out everyday. -------------
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Posted By: minik8e
Date Posted: 22 September 2009 at 9:20am
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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. |
Posted By: mummyofprinces
Date Posted: 22 September 2009 at 9:30am
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Whenever we had this we would give the agents a set hour block each day that they could bring people through and they had to give us 1 hour notice if they intended to bring anyone through.
Likewise they had to let us know if someone had cancelled and they were not coming. So annoying when you are waiting around for no shows! -------------   
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Posted By: M2K
Date Posted: 22 September 2009 at 9:41am
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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. -------------
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Posted By: HoneybunsMa
Date Posted: 22 September 2009 at 1:16pm
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They need to give you warning and can't come through without prior notice. I fully understand that landlords need someone in quickly but when your still packing and lets be honest when someone packs they aren't doing it tidyly majority of the time there is crap lying everywhere which if you ask me is less then desirable when showing people round. Speak to the landlord if you can? Ask that they speak to the agents about times that are good for you. Most agents respect that and will have a set time for showings not just when and as needed. Suggest times that you might already be out that they can organise to bring people through or a 15min block where you can nip down to the shops etc. Thats all they usually need anyway. I know in the past when flat hunting we have missed out on viewings as they have said this is the time we can't organise any other which is fair enough. ------------- http://www.myfitnesspal.com/weight-loss-ticker"> 
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Posted By: kiwisj
Date Posted: 22 September 2009 at 1:31pm
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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). |
Posted By: cuppatea
Date Posted: 22 September 2009 at 2:18pm
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I don't know why agencies do this kind of thing, we had this problem in a property we rented that the landlord was trying to sell. It's not a good look if they bring through perspective tenants/buyers and you have a baby screaming or the house is not as tidy as you would like. This was how I explained it to the agency when we had trouble with them.
I considered the landlords friends, we rented off them in Queenstown and they were kind enough to let us use the house they had for sale in CHCH for 3 weeks till we found something permanent. I told the agent that we wanted the house to look as good as possible when people come through so that they aren't put off and we aren't letting the landlord down by not having the place look good and that whilst living out of suitcases with no proper furniture it's a bit harder than normal to do that so they must give at least 24 hours notice and if they did want to bring someone through at the last minute they could ring me and I would decide there and then based on the current state of the house. I also told them that for them to bring people through with the place not up to scratch was unprofessional on their part and if they did it again I would speak directly to the landlord about it. ------------- 
 
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Posted By: Treen
Date Posted: 22 September 2009 at 5:09pm
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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. ------------- http://lilypie.com"> 
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Posted By: caitlynsmygirl
Date Posted: 22 September 2009 at 11:06pm
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Ah , this brings back memories, I had people coming through to view the house whilst looking for another place to live and 39 weeks pregnant and home from the hospital after having a mini stroke thing ...
Fun times ! ------------- 
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Posted By: lemongirl
Date Posted: 23 September 2009 at 9:16am
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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. |
Posted By: clare00
Date Posted: 23 September 2009 at 3:41pm
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When my landlord wanted to do this a few years ago she offered us a few days rent free in return-perhaps you could suggest this?
I like the idea of having set times for them to come through. |
Posted By: ChundaMars
Date Posted: 24 September 2009 at 12:47pm
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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 |
Posted By: Treen
Date Posted: 24 September 2009 at 1:08pm
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I might just clarify my previous post. I wasn't trying to imply that an agent shouldn't be able to show people through the house – of course that is unreasonable. That was just what the agent yelled at us over the phone when we questioned why there were so many people going through our home at the one time.
The problem we had is that the agent showed up with 3 different groups of people at the same time – a total of 9 strangers going through our house. And one of these people stole from us. That, is unreasonable. The agent should not have had so many people through at the one time that she could not keep an eye on them all. And yep, I should've put all valuables away, but to be honest, I was too busy cleaning the house so it looked nice for the prospective tenants (they only gave us 3 hours notice and I'd just got home from work). Rant ends.  ------------- http://lilypie.com">
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Posted By: Bobbie
Date Posted: 24 September 2009 at 1:12pm
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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. -------------  
 
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Posted By: ChundaMars
Date Posted: 24 September 2009 at 1:18pm
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Treen - I wasn't referring to your post, although in your case a) yes, you should always hide valuables away, b) how can you be 100% sure that's when the iPod disappeared? and c) the agent shouldn't have got angry at you and should have done something more about it
Bobbie - yes, unfortunately there are many LL's who don't know the tenancy laws. Then again, there are just as many bad tenants out there as well! Oh, and the original poster did actually say she'd prefer they waited until after they had moved out... |
Posted By: Treen
Date Posted: 24 September 2009 at 2:24pm
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? ------------- http://lilypie.com">
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Posted By: jazzy
Date Posted: 24 September 2009 at 6:20pm
| ChundaMars you sound like a landlord & a real estate agent. |
Posted By: Mamma2N
Date Posted: 24 September 2009 at 6:26pm
She did say in an earlier post that she's both 
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jazzy wrote:Posted By: M2K
Date Posted: 24 September 2009 at 7:35pm
Yep, thats totally understandable. We weren't allowed to view the property until the previous tenant moved out. At our previous flat, the agency didn't show people around until we had moved out. We were told the time and day they would come around with viewers that worked around their schedule & if we weren't home they would use their own key, but of course I am usually at home now haha. We haven't asked for a rent decrease at all. I just felt uncomfortable with people turning up having a look around at random times. But it will be all over with soon. I don't think this house will be empty very long, as its hard finding a nice rental property these days at a reasonable price  -------------
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Posted By: ChundaMars
Date Posted: 24 September 2009 at 8:36pm
Yes, guilty as charged, both a real estate agent and a landlord here. Boo hiss etc. etc.  Only one mistake made, as I am also a male! (Even bigger boo hiss etc.)
Treen - the 48 hr notice applies regardless of whether you are home or not sorry. J&J - odd that an agency would purposefully wait until you moved out before showing people through. As a landlord I certainly wouldn't want them to! And while you do have to allow them access, you don't have to just put up with being treated like dirt - if they ring up and tell you they want to bring someone through that day and it doesn't suit you, just tell them! They have no right to force you to do it... Oh, and as for saying "its hard finding a nice rental property these days at a reasonable price" - just where in Christchurch are you!?!? Because across most of the city, rents have dropped and it is harder to find tenants - so you may be surprised at how hard it is for them to find a replacement for you! |
Posted By: Mamma2N
Date Posted: 24 September 2009 at 8:45pm
hehehehehe.. boo boo boo, hiss hiss hiss  hehehe
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Posted By: Ant
Date Posted: 25 September 2009 at 11:55am
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As a landlord, and someone who has been a tenant, I would be horrified if an agent I was using was treating my tenants like this.
In large part because what does that tell the prospective tenants about how they are likely to be treated! As I understand it the tenant does have to make reasonable accommodations for people to come through. And I realise that tenants and agents may disagree on what is reasonable. But that is no reason to ride roughshod over someone who is still a tenant, still paying rent, and still occupying your property. We generally give the tenants times we would like to show people through. If they are not able to be home we offer to be there ourselves to keep an eye on things. Otherwise we arrange a time that suits them better. I can't imagine turning up unannounced with strangers in tow. We do try to get groups of people at once, because that way the tenant is inconvenienced once instead of 3 times, and if times are limited we explain that to prospective tenants. They all seem to understand that we want to be considerate to the people who still live there. ------------- http://lilypie.com">  http://lilypie.com"> http://lilypie.com">
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