I have been told the place I am renting is up for sale and the agent has been around to show it to buyers. What are my rights?

Answer:
Sale of Premises
A. When the lessor proposes to sell the premises, they are required to give you an RTA Notice of Intention to Sell form 10. This form will state who the Selling Agent/s are, often they are a different person from the property manager or renting agent.

There are two areas of the Residential Tenancies Act that are relevant in regard to this issue. Firstly s101 Quiet enjoyment which states that the lessor or their agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.

Secondly, the Rules of Entry in s109 and s114 apply. These rules state that the lessor or their agent may enter the premises to show it to a prospective purchaser. However the tenant should receive a Form 9 Entry Notice with 24 hours written notice for each entry by a prospective purchaser. The Rules of Entry also state that the entry must be at a reasonable time and a reasonable time must have elapsed since a previous entry.

It is also a good idea for tenants to be at home when these entries take place. We argue that a reasonable time needs to be reasonable for the tenant, therefore the tenant can refuse entries at an unreasonable time and can re-negotiate times which suit them.

We suggest that when a tenant first learns that the premises are for sale they work out a plan with the selling agents regarding reasonable entry times. It is a good idea to put this plan in writing and send a copy to the renting agents.

What can I do?

Answer:
Repairs
A. Under s103 of the Residential Tenancies Act the lessor is obliged to do repairs and maintain the premises. Under s125 tenants have an obligation to notify the lessor as soon as practicable if repairs are required.

It is fine to ring the lessor or agent but it is best to send them an RTA Notice to Remedy Breach form 11 about the problem. On this notice you must allow a minimum of 7 days for the breach to be remedied.

If the repair is not done within this time or an arrangement made to do the repair, you can apply to the RTA Dispute Resolution Service using an RTA Dispute Resolution Request form 16.
It is a good idea to keep copies of letters, notices and notes about phone calls.

If the repair is an urgent repair affecting your health or safety as the tenant you can apply to the Small Claims Tribunal for an Urgent tenancy hearing. Urgent hearings can often be heard within a week of lodging an application with the Tribunal. It costs $12.50 to apply for a hearing.

If you have a repair problem it is not a good idea to stop paying rent. This can jeopardise your tenancy. If you are in rent arrears and fail to remedy the rent arrears breach you can be issued with a Notice to Leave .