A landlord has the right to sell their investment property, but what are the landlord and tenants’ rights and responsibilities when a property is being advertised and sold?
Below I’ve provided a summary on relevant tenancy laws to help you understand what to expect when selling your Wellington investment property.
What Are Everyone’s
Rights & Responsibilities?
When Taking Marketing Photos of Property?
Landlord must have tenant’s permission to enter property and take pictures, however the tenant can refuse to allow photos to be taken and used of their possessions.
When Accessing the Property For Viewings?
With the tenant’s permission, the landlord has the right to show the property. Before open homes and auctions the landlord must have the tenant's consent for specific dates and times.
However the tenant has the right to:
Provide access limitations,
Ask to be present during open homes,
Refuse open homes and insist on appointment only showings, and
Require temporary rent reduction.
What’s The Notice Period Required To End Tenancy?
Under a Periodic Tenancy Agreement the landlord must provide at least 90 days’ written notice, but can provide 42 days’ in certain circumstances. For a Fixed Tenancy Agreement the landlord must wait until tenancy period has ended before selling, unless tenant agrees to leave contract early.
What Should I Do When The Property Is Sold To A New Landlord?
In this situation the landlord must provide details of the new landlord to the tenant. The landlord must also provide the new landlord with the current tenancy agreement and the tenant’s bond.