NSW Tenant won’t allow open inspection

So my tenant is moving out in 3 weeks time. . My agent says they are not allowing people for open homes. What is the policy on this. I understand they are paying rent so I’m at their mercy as to whether they will allow or not. Are there any guidelines in this area?

 

Covid ? My sister in NSW stopped open inspections on the house she rents for this reason, and it was supported by the law.

 

Landlord access and entry to a rental property

She is within her rights which you have agreed with under the lease.

 

In NSW, in the last 14 days of a tenancy, legislation states that reasonable notice must be provided and the property can be inspected a reasonable number of times. Not very specific but I would say that 15 minutes on a Saturday at a suitable time to the tenant is very reasonable.

However have a look at how the property is presented, depending on how the tenant keeps the property, the furnishings and cleanliness, some properties are better being shown after the tenant vacates.

 

It would be not unreasonable for your agent to communicate this matter to next agent if they choose to apply for another rental, so the next landlord can have an informed choice of the most appropriate tenant for their property.

On saying this you have not provided any reason why the current tenant has chosen to refuse access to your property manager, which would be a lot more helpful.

 

Honestly, I'm not wanting to make their life difficult, thats not my intent so telling the next agent isn't really something I want to do. I just want some leeway to being able to rent out my property.

I was told by PM that they do not need to give a reason for refusal. Apparently they have been avoiding my PM's calls in the last 2 weeks (says my PM). So I feel there won't be much cooperation when it hits 14 days before they vacate.

 

Well, if I were the tenant I would not want people walking through my home. Why should they agree if they don’t want to? And in the throes of packing, who wants to have to tidy up?

If it is important to you, offer the tenant $50 a week off their rent if they allow one half hour weekend inspection and agree to have the property looking presentable.

 

Fair enough.

But your PM doesn't have that much skin in the game.

So unless you can rent the property straight away, then you should consider that you're out of pocket by "Lost Opens Weeks x Current Rent", and if I was the next landlord, I would've appreciated the heads up from the (maybe/maybe not prior) agent in my own consideration of lease approval.

On saying this, I respect your decision.

 

As I mentioned to @giraffez "you should consider that you're out of pocket by "Lost Opens Weeks x Current Rent", so maybe your offer of $50/week is reasonable or out of order, depending on the level of rent, but given the tenant is no longer responding to the PMs calls, I would suggest to you that that is a little unfair.

And I appreciate your point about not wanting people walking through your home (although, let's face it, it isn't really yours...), the lack of agreement if "they don't want to", and "not want[ing] to tidy up" because of the "throes of packing".

As I mentioned in my previous post, if I was the next landlord, I would've appreciated the heads up from the (maybe/maybe not prior) agent in my own consideration of lease approval.

Surely that's not unfair?

 

This is a common misconception.

While leasing, your tenants have bought the right to “quiet” occupancy, and legally the home is “theirs” in many instances, and their rights can over-ride those of the owner who can not enter without giving the correct notices or meeting conditions outlined in the lease.

 

Do you have to do an open home? Can't the property manager just take potential tenants through individually? That's what my old property manager did when the pandemic was in full swing and open homes weren't allowed. It's not ideal and it took 7 weeks to get it rented, but at least it did get rented (I broke my lease)

 

Personally, I always wait until the tenant has moved out, and I can ensure cleaniness and make note of any repairs or maintenance needed, before I will allow any new prospective tenants through for a veiwing.

Firstly, I don't really think its fair to expect tenants to allow veiwings whilst they are still living there.
And secondly, then I can be assured that any issues from the previous tenancy have been noted and dealt with prior to starting a new tenancy. And if there are any issues that may not be rectified prior to the new tenancy, then prospective tenants can also be made aware of these things. (Ie, blinds needing replacing and taking 6+ weeks for the company to make and install. Etc).

Sure I lose a week or so rent between tenancies this way. But I've never had an issue getting applications as soon as I do allow veiwings, and the tenancy can start with a good standard of cleaniness, and without any issues left behind by the previous tenants, and clear expectations for the new tenants. Its the best oppertunity to stay on top of maintainence issues (that I have noticed a lot of landlords tend to neglect until minor issues become major issues and they are forced to deal with them down the track).

 

Not quite a misconception.

The tenant has rented the right to "quiet" occupancy, but the title and the expenses associated with the property are borne by the owner, who "owns" the property, somewhat articulated by the nomenclature.

Whilst I agree that the tenant has certain occupancy rights, the home is not "theirs" in all instances, particularly accentuated if the rent arrears status were rise above zero for a certain period of time.

Assuming we agree to disagree, can we move on now?