Understanding Open Homes for Rental and Sales Properties
When a property is put up for sale or rent, one of the common practices is to hold an open house, allowing prospective buyers or tenants to view the property during a designated time. However, for rental properties, this process involves certain rules and considerations that both real estate agents and tenants must follow to ensure a smooth experience.
For rental properties, an open house can only be organised if the tenant consents in writing. This written agreement is crucial as it ensures that the tenant’s rights are respected. Some tenants may prefer an open house over multiple individual viewings, as it can minimise disruptions to their daily life.
However, it’s important to note that any photos used to market the property—whether on signs or online—should not include the tenant’s possessions unless the tenant has explicitly agreed to it in writing. This helps protect the tenant’s privacy during the marketing process.
Once the tenant agrees to an open house, the next step is for the real estate agent or owner to negotiate a suitable time for the event. It’s important to strike a balance that minimises disruption to the tenant’s quiet enjoyment of their home as per the RTRA Act.
The rules for entry are clear: unless the tenant agrees otherwise, open houses must be scheduled at reasonable times. Specifically, these events should not take place on Sundays or public holidays, or outside the hours of 8am to 6pm on any other day, unless the tenants agree via mutual agreement.
To formalise the arrangement, the tenant must give written permission for the open house. It’s recommended that both the real estate agent/owner and the tenant come to a mutual agreement regarding the timing of the open house, and this agreement should be documented in writing. This not only protects both parties but also helps avoid any potential misunderstandings.
Moreover, the real estate agent or owner is expected to provide the tenant with reasonable notice of the time and date of any open house. This notice period via a Form 9 Entry Notice allows the tenant to prepare for the event.
For any other type of viewing that may be required, an entry notice must be given for each individual entry. Just like with open houses, these viewings must be conducted at a reasonable time and should not occur on Sundays, public holidays, or outside the hours of 8am to 6pm without the tenant’s consent.
Open houses can be an effective way to market rental and sales properties, but it’s essential that they are conducted with respect for the tenant’s rights and preferences. By ensuring that all parties are in agreement and that the appropriate procedures are followed, realestate agents and owners can facilitate a positive experience for everyone involved.