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Selling the premises
Selling the premises
If the lessor decides to sell the property and will be seeking entry to show the place to prospective purchasers, they must inform the tenant in writing, using the notice of lessor's intention to sell premises (form 10). On the form, the lessor should include details of how they're planning to sell the premises.When marketing the property, photos showing tenant possessions can only be used if the tenant agrees in writing.
Where premises are to be sold, the lessor/agent can only hold an open house or on-site auction with the agreement of the tenant in writing.
If the premises are marketed for sale within the first two months of a fixed term agreement and the tenant has not received written notice of the proposed sale before entering the agreement, the tenant has the option of ending the tenancy by giving a notice of intention to leave (form 13) with two weeks notice, to the lessor/agent. The tenant has up to two weeks after the end of the two month period to give this notice.
If the owner of the property or the selling agent wishes to enter the premises by themselves, they need to give an entry notice (form 9) to the tenant and indicate on the form, a two hour window of when they will be entering the property e.g. 9am -11am. They must only enter between the times stated however, they may stay past the two hour period to achieve the purpose of entry.
When the lessor/agent shows the property to prospective buyers, they must give the tenant at least 24 hours notice in writing before each entry, using the entry notice. If the selling agent is different from the agent who manages the tenancy, the selling agent must also give the letting agent a copy of each entry notice before entering the place to show it to a prospective buyer.
If the tenant is on a fixed term agreement, the lessor/agent cannot make them leave because they decide to sell. The tenant can stay until the end of their term, and the new owner will become their lessor.
If the tenant is on a periodic tenancy, and the purchaser requires vacant possession, the lessor/agent may issue the tenant with a notice to leave (form 12), that must allow at least four weeks notice after the signing of the contract for sale.
The lessor/agent is required to obtain written consent from the tenant before they can hold an open house.
Photos showing tenant possessions can only be used if the tenant agrees.
The lessor/agent can only enter the premises on a Sunday, public holiday or between 6.00pm and 8.00am if the tenant agrees.
If the premises is put up for sale within two months of a tenancy starting and the tenant was not informed at the time of signing the agreement, the tenant has the option of ending the agreement with two weeks notice.
Last Updated: 10 July 2009
