Jon:
Elizabeth in Brunswick; good morning to you.
Elizabeth:
Good morning.
Look, I’m ringing up on behalf of my son. He moved into a townhouse in January and he knew at the time that the owner wanted to sell and he agreed to one inspection; but over the last three months he wasn’t expecting eight or more inspections.
He’s notified the agent that he doesn’t want inspections; because the agent wasn’t even giving the 24 hours’ notice in writing. But even worse than that another agent – not his landlord’s agent -contacted him having got his phone number and email somehow.
DW:
Yes.
Elizabeth:
And what can he do about this situation?
DW:
Well, I don’t have a problem with the phone number and the email in the sense that the second agent is now representing the owner.
Elizabeth:
Okay.
DW:
In a sense, it’s like I’ve appointed another agent to see if I can sell the property, I want that person to liaise with the tenant. Is there anything in his lease about open for inspections?
Elizabeth:
No. I’d have to double check.
DW:
Your starting proposition Elizabeth is this, the open for inspections arise under the landlord’s right to inspect. Okay?
So I’d come along and say sure, open for inspection; but there needs to be an agreed frequency.
Elizabeth:
Yes.
DW:
And I need to know who’s coming.
Elizabeth:
Yes.
DW:
By default it can’t be an open for inspection, in the sense that look we’re open for an hour anybody can walk in, I’d come along and say look I’m the tenant if you want to continue on that basis you’ve got to give me some compensation otherwise I think that you’ve now done 8 of them, you’ve found nothing untoward about the property in that period of time, I’m happy to agree to inspections…
Elizabeth:
Oh sorry, the inspections are of people wanting to buy the property.
DW:
No, but that’s exactly my point. The purpose of the inspection is for the landlord to assess the premises: to make sure the tenant is not in default under the lease.
Jon:
No but these are people who want to buy the property.
DW:
I understand that, but they have no right of entry.
Elizabeth:
Who don’t have the right of entry sorry?
DW:
Those people don’t have the right of entry unless they come with the landlord or the landlord’s agent.
Jon:
Is that right? So if you’re a tenant living in a property that’s for sale you don’t have to agree for potential buyers coming through to have a look.
DW:
I’ve always said, if I’m acting for a vendor in that situation, is do a deal with the tenant. Reduce the rent, do something.
Jon:
Offer them some compensation. Has your son been offered any compensation Elizabeth?
Elizabeth:
No, he’s thinking about moving all together and wondering if he has to go to VCAT or something.
Jon:
Okay.
DW:
Why would he not ask the landlord? Look, you’ve got to work out what your ultimate objective is. If he wants to remain and have quiet possession then he just closes down the open for inspections. So yes, you can inspect the property tomorrow afternoon at 3 but give me the list of the people who are coming.
Elizabeth:
Okay.
DW:
And that won’t work on the open for inspection model. And then I think – unless you find something untoward, unless the agent finds a problem with the premises – there’s no logical reason why they should come back for another 6 or 8 weeks or more.
Jon:
Alrighty?
Elizabeth:
Okay.
DW:
Alright?
Jon:
I hope that helps you. The consensus by text message David for our first caller about the alarm that doesn’t stop ringing seems to be to act illegally in a number of different ways including break into the house, find the alarm box ad pull it out of the wall. I think that’s probably going a bit far. Cut off the power to the property.
DW:
Yes.
Jon:
And then the battery backup will eventually die.
DW:
Yes.
Jon:
Which is also illegal. You don’t know what other things are being kept going.
DW:
They might have a freezer full of something.
Jon:
You just can’t do that to your neighbour’s house.
DW:
No.
Jon:
It’s not just a freezer full of something. You don’t know what other systems are operating within the house so that’s not particularly right either. So people seem to think that you can just pretty much take the law into your own hands in that situation which doesn’t to me seem right at all.
DW:
But if you can find out who sold the person the property, you might be able to pick up an email address or a phone number.
Jon:
Something like that. Trevor in Frankston thinks he’s got an answer. Trevor morning.