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Hi, I rent an apartment in Fitzroy. The owner decided to sell in October so I have endured 5 straight months of inspections (minimum once a week often 2-3 times a week) since they decided to sell. They told me I would have a rent reduction at the beginning and despite me agreeing to every single request of inspection and keeping the apartment spotless and being very cooperative they have now changed their mind and won’t give any compensation (not because of anything I have done but because the landlord is mean). The apartment finally went to auction a few weeks ago and got passed in and now they tell me I will have more inspections until it sells. The real estate agents have often given me less than 1 hour notice for these inspections, and when they took the photos for advertisement they went in before I could get home from holiday to take photos and I had no control over what was in the published photos. I am told if I don’t comply I will get a bad reference when I move out. This has been a horrific experience. I looked up the rules for Victoria and it says they can inspect as often and for as long as they like if selling. This seems incredibly unfair to me. Basically it seems they can have daily inspections for 12 months if they feel like it. The seller seems to be asking for an unreasonable amount so who knows how much longer this will go on for. Do I have any rights at all? Thanks, Henrietta
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Henrietta
The agents are taking advantage of you, they obviously care more about the convenience of their prospective buyers than your rights as a tenant to enjoy peaceful occupation of the property. Under Victorian law they must give 24 hours notice at least, and only visit between certain times. The Tenants Union has a series of fact sheets, one here is particularly relevant:
https://www.tuv.org.au/wp-content/uploads/2014/03/landlord-is-selling-FS-2013.pdf
In regard to the rent reduction offered, I guess that would have been verbal only. But it would leave a bad taste in the mouth if not honoured.
In regard to the photos you would possibly have a case to complain the the Privacy Commissioner. If there any photos being used in advertising which you object to, I’d be writing formally to the agent to withdraw those ones from their campaign. After all publishing such details could leave you open to security concerns when placed in the public domain.
You need to put your foot down and write a strong letter to the agent objecting to your treatment, keep a copy.
Have a look at this story about a Victorian couple who managed to block mass inspections of their home.
Then start taking action through Consumer Advice Victoria for a rent reduction backdated to when you first raised the issue.
And tell the landlord that you intend to stick to the letter of the law on how often they can show the property. Quite clearly they are asking too much for the unit and you are the one paying the price.
And finally warn the real estate agent that if they continue to bully you with threats of a “bad reference” you will report them to CAV and the Real Estate Institute of Victoria.
And have a look at this factsheet (it’s the online version of the one recommended by DaveB).
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