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Tenant Rights in NSW Regarding Property Settlement and Pre-Settlement Inspections

As a tenant in NSW facing an impending property settlement, it is important to understand your rights and options during this transition period. The impending settlement of a property can bring about uncertainty and concern for tenants, especially when it comes to pre-settlement inspections by prospective buyers.

In your situation as a tenant with a fixed-term rental agreement that is due to end soon, it is understandable to have concerns about the pre-settlement inspection requested by the prospective buyer, especially if the real estate agent has indicated that you should not be present during the inspection.

One of the main concerns you have raised is the safety and security of your pets during the inspection. This is a valid concern, as the presence of strangers in your home could potentially lead to your pets escaping. It is crucial for tenants to feel comfortable and secure in their living environment, and this includes during pre-settlement inspections.

Should you find yourself in a similar situation, it can be helpful to consider utilizing the services of an AI Legalese Decoder. This tool can assist in interpreting and understanding the legal language and implications of your rental agreement, as well as your rights as a tenant in NSW. By utilizing this AI tool, you can gain clarity on the legal basis of your concerns and ensure that you make informed decisions in response to the real estate agent’s request.

Additionally, the AI Legalese Decoder can help in researching and understanding your rights as a tenant in NSW, providing you with the necessary information to confidently address the real estate agent’s pressure for a response. This can help alleviate any uncertainties and ensure that your response is based on legal understanding and rights, rather than unreasonable decline without legal basis.

In conclusion, as a tenant in NSW facing an impending property settlement, it is important to have a clear understanding of your rights and options during this transition period. Utilizing tools such as an AI Legalese Decoder can be beneficial in gaining legal clarity and confidence in addressing concerns and requests from the real estate agent, ultimately ensuring that your rights as a tenant are upheld during the property settlement process.

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18 Comments

  • piratesahoy

    You have the right to be present

  • SilverStar9192

    This is really sus … why would they care if you are there??

  • LeDvs

    Check these fact sheet out:

    https://www.tenants.org.au/factsheet-28-sale-of-rented-premises

    https://www.tenants.org.au/factsheet-08-access-and-privacy

    NAL but IÔÇÖd imagine a pre-settlement inspection would be considered a ÔÇÿshowingÔÇÖ of the property, at which you or someone you nominate have the right to be present.

  • Particular-Try5584

    Legally they cannot stop you being there.

    Do you know if the purchaser is an investor, or plans to be an owner/occupier?
    If an investor then IÔÇÖd be a) assuming thereÔÇÖs a rent increase coming, and b) assuming that if I make life hard for them theyÔÇÖll just end your lease as soon as they can legitimately do it, and find tenants they choose themselves.
    Finally if its going to be an owner occupier then expect your lease to end and youll need nothing more from the REA than a good rental reference.

    (Personally IÔÇÖd make arrangements for my pets to be somewhere else on the day, and leave it clean and tidy like for a rental inspection, and be gone myself. But I like not being forced to move.)

  • ClubeXo

    You need to be straight up with key phrases like

    I don’t feel comfortable not being present for inspection.

    If they insist and solid no.

    Then if they do anyway you have something to escalate in an email/SMS trail etc… no verbals here

  • Coolidge-egg

    Say no it is too much trouble, but you would be amenable to going through the trouble if they gave you a free month of rent.

  • jinxysnowcat

    Did they ask over the phone? You are not obligated to communicate over the phone and their request can be in email form.

    You then have the option to decline in writing or not reply and just accept the advised inspection as a normal one and to be present.

    Its your home, you are paying to be there and while they can ask, they cannot force you to leave even in person.

  • adonkeyatheart

    ItÔÇÖs illegal for them to tell you not to be in the house you pay rent on.

    Always be there when they do inspections. DonÔÇÖt let them go through your things follow them around your home.

  • GCRedditor136

    > they have specifically requested that I am not present for the inspection

    You can say no without any reason. It’s your legal right to be there; it’s legally your property while being rented.

  • Philderbeast

    They can not require you to not be present.

    I am not aware of anything in NSW that would allow you to stop them entering with the correct notice, however I would just let them know that due to the previous issues you will be present to ensure there are no issues during the inspection.

  • Cheezel62

    You have a right to be there. Tell them to get stuffed.

  • SirPiffingsthwaite

    They can ask, you have every right to be present. Personally I’d say “yeah, nah” and stay. Shady they specifically don’t want you there.

  • DaveJME

    I do not know the relevant laws. And I am fortunately not needing to rent.

    BUT I feel your concerns are very justified. Not only for the pets, but also for your private goods in the property. If you are not there whose to stop … anyone making off with anything?

    I’d be asking to see proof they have insurance against … *anything* that might happen to your possessions whilst they are there and you are not. I’d put it to them: “no proof of insurance, no inspection without me being there”.

    Good luck with it.

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  • aussiedaddio

    While I understand your concern, the new buyer may also have concerns about you being there too. They may already be planning to end your lease and are concerned about any possible confrontations that may occur (particularly with the way the market currently is).

    What you can do, however, is get some cheap wifi cameras. Put one in each room as discreetly as needed and then watch and listen while they are there.

    Go to bunnings, get the cheap Orion branded ones.
    Go to officeworks and get some SD cards.
    Set them up as needed.
    Watch and record the events
    Remove the SD cards and keep as needed.
    Take the cameras back to bunnings complain about the shit battery life for wireless cameras and demand a refund for the cameras.

    If anything is damaged/misplaced or anything as such, then you have video evidence of this.

    As they are entering your home, there is no expectation of privacy on their part

  • succulent_baby

    Obviously the new owner and real estate are having an affair and they need your place for a rendezvous! Please respect their privacy!

    All jokes aside, you have a right to be there..

  • KonamiKing

    Keep it all in writing.

    And just say no.

  • katyacardinal

    There is literally nothing they can do to enforce that. I wouldnÔÇÖt bother replying