Advice Sought - Landlord Considering Selling Property

[Deactivated] on 14/07/2022 - 12:46

Hi all,
Just seeking anyone's input/opinion on this situation that has recently developed.
Am currently renting a property on a multi-year fixed term agreement which is set to expire/be renewed early next year. Recently received an SMS from our REA (REA 1) stating that the owner had notified them that the agent who originally sold the owner the property (REA 2) had reached out to them advising that they had a potential buyer lined up if they were to consider selling the property. I'm guessing a sum must've been mentioned which must have piqued the owner's interest..
In this SMS, REA 1 asked if we would consent to them sharing my contact details with REA 2, so that REA 2 could get in touch regarding this potential sale (and I'm guessing any associated property viewing/home open).
Now, I'm aware of the fact that it's perfectly legal for a landlord to sell a property that is currently being leased, so long as the buyer accepts that the existing tenancy agreement is valid until it's expiry. My question isn't about this, specifically.
In my reply to REA 1's SMS, I didn't explicitly give consent for them to share my contact details with REA 2 - Rather, I simply asked if REA 1 was aware if the prospective buyer would be looking to continue leasing the property out, or whether they intended on using it as a principal place of residence. REA 1 replied that they weren't sure on this. I've now received a missed call from REA 2 asking me to call them back.
I guess my questions are as follows;

1) Is it legal for my current agent (REA 1) to share my contact details as the tenant without my consent, with an external real estate agent who would be hoping to sell the property for the owner?
2) If I explicitly didn't give my consent, what would happen in this situation?

I'm obviously just a bit annoyed at the prospect of potentially having to do a big thorough clean of the property and yards in order to prepare the property for a home open or viewing for the potential buyer, especially if that buyer were to potentially be intending on living in the property as a PPOR, forcing us to move once our lease expires early next year..

Just seeking any helpful thoughts or advice before I call this REA2 back..

Thanks so much in advance, I really appreciate it.

Home & Garden

closed Comments

  • Some Human on 14/07/2022 - 12:57
    +6

    I'm obviously just a bit annoyed at the prospect of potentially having to do a big thorough clean of the property and yards in order to prepare the property for a home open or viewing

    I don't think you're obligated to do that.

    When my old landlord was selling they told me they would offer a rent reduction if I kept it neat and clean. I didn't. $15 weekly rent reduction for like an hour of cleaning. No thanks.

    • jellykingdom on 14/07/2022 - 13:41
      +9

      That kind of makes you a prick

      Honestly its no wonder that the whole landlord-tenant relationship doesn't work in this country. You just have to look at the responses along the lines of "not my problem".

      I reckon them showing the house for 30min 1x per week is not too big of an ask. Especially if they're offering you some cashback. I'm assuming that you also would have refused for them to send a cleaner?

      • Some Human on 14/07/2022 - 14:05
        +5

        The house was small and had very little storage. I downsized from a 3 bed with 2 people to a 2 bed with 3 people, so lots of junk everywhere.

        We rented happily for 2 years without renewing the lease, then all of a sudden one day they wanted us to renew it. Okay we did. Then they tell us they’re selling and I was peed.

        The RE wanted to come around twice a week and send a bunch of questionable looking people through the property to touch my stuff. The landlord wouldn’t accept any reasonable offers and dragged it out for months until the lease ended.

        They then cockblocked us from getting another rental straight away, because they wanted us to keep us paying rent. I moved in with a relative and then the RE removed their block.

        Looking back, yes I was a prick. So were they. I’m glad their business crashed and burned.

        • Domingo on 14/07/2022 - 16:14

          They then cockblocked us from getting another rental straight away

          How did they do that?

    • JafferMoney on 14/07/2022 - 15:49

      KING PRICK!

  • Summoner on 14/07/2022 - 13:00
    +8

    …having to do a big thorough clean of the property and yards in order to prepare the property for a home open or viewing for the potential buyer…

    Not sure what you mean by this. You don't have to do any of this as long as the property is resonably maintained. If the current landlord wants to present the home in immaculate condition, the landlord will hire someone esle for it.

    • [Deactivated] on 14/07/2022 - 13:10

      Good to know, thank you!

  • mbck on 14/07/2022 - 13:01
    -3

    Isn't keeping things reasonably clean part of the tenancy agreement in the first place?

    But crappy rea don't care and don't do inspections. Tenants get used to not being inspected and here we are.

    You can argue about 'privacy breach' (read your rea privacy policy), but at the end of the day, you have to clean anyways.

    • [Deactivated] on 14/07/2022 - 13:09
      +1

      Well yeah, obviously we keep things reasonably clean. In fact, we've improved the condition of the property in several ways, of our own accord. I'd argue we're incredibly good tenants. But there's a difference between "keeping things reasonably clean" and "preparing the property for an open house viewing". I'd have to move valuables, pets, etc. It'd just be a big ordeal.
      You're completely missing the point of the post, and ignoring the questions I'm actually seeking answers to..

      • mbck on 14/07/2022 - 14:05

        The rea is an extension of the landlord. The Victorian tenancy acts mention "A residential rental provider or that person's agent "

        The only mistake the landlord has made is not writing this all up (the notification to sell). At the end of the day, you'll have to work with the selling agent.

        Note, they still have to ask for your permission for specific days/times,etc.

    • Xistn on 14/07/2022 - 13:42
      +2

      Imagine the difference between say…. your family coming to visit and holding the Family Christmas lunch… that type of clean

  • dust on 14/07/2022 - 13:05
    +7

    My advice is to hang questionable artworks and cook something smelly just before the inspection.

  • redforever on 14/07/2022 - 13:06
    +2

    If you don't give consent, probably means that all correspondences will be done through REA 1. They are trying to remove themselves as the middleman.

    REA 1 would have answers to your questions regarding the potential buyer. They might have thought your questions implied that you have agreed for them to pass on to your details. Of you don't want to talk to REA 2, ask them to stop contacting you directly and for all correspondence to go via REA 1.

    • [Deactivated] on 14/07/2022 - 13:09
      +1

      Great, someone's actually answered my questions. Thanks so much for your advice.

  • [Deactivated] on 14/07/2022 - 13:07
    +3

    i wouldn't call REA2 back and i would complain to REA1 about sharing details without consent.

  • Drakesy on 14/07/2022 - 13:16
    +2

    I'd be getting rid of my investment property in this climate too.

    • brendanm on 14/07/2022 - 13:33
      +1

      Climate of ridiculously high rents?

      • Drakesy on 14/07/2022 - 13:36
        +1

        I was thinking more crumbling asset values.

        In WA at least, looking at Domain and Realestate.com rents are going backwards as the rental supply jumps up.

        • brendanm on 14/07/2022 - 13:38
          +1

          Rents and property prices are through the roof here. Place up the road from me is the only place in the suburb available under $1k a week, and is 2.2x my mortgage repayments.

  • robbyjones on 14/07/2022 - 13:25

    REA 1 is acting on behalf of the owner and they could have asked for your details to pass on to REA 2, is this legal, who knows, but not much you can do about it now anyway. You are under no obligation to answer the calls, you are also under no obligation to keep the property in any condition other than what it is now. Weird though that your landlord has two different REA.

    The owner can sell the property and the conditions of this clause should be set out in your contract. I don't know what state you live in but it is not a given that your lease transfers to the new owner so you may be looking for somewhere else to live. All of this will be in your lease contract.

  • happydude on 14/07/2022 - 13:28
    +3

    Check your lease. You probably signed away disclosure rights. As you are in Perth you probably have this clause in Part C section 6:

    The personal information collected by the property manager in this residential tenancy agreement, in the Property Condition Report and during the period of the management of the tenancy is collected to be used in managing the tenancy, to enable the property manager to provide the services and benefits the subject of this agreement and to enable the property manager to conduct its business.

    And under 24.7 the lessor is entitled to access for the showing. REA2 is an agent of the lessor. Ergo, the disclosure was for a benefit subject to the agreement.

    • [Deactivated] on 14/07/2022 - 13:50
      +1

      Interesting. Cheers. will probably just call REA2 back then and see what they're asking. Thanks again.

      • happydude on 14/07/2022 - 13:58

        That would be the path of least resistance.

  • AustriaBargain on 14/07/2022 - 13:28
    +1

    Posts like this make you realise that it's not just houses that are investment instruments to be passed around and sold off, it's renters too. Landlords see renters not as people or even clients, but as mere objects in their portfolio.

    • robbyjones on 14/07/2022 - 13:30
      +7

      Not all landlords are like this, I certainly wasn't. I completely recognise that it is my property but their home and afforded all respect and consideration I would like as a tenant.

      • AustriaBargain on 14/07/2022 - 13:33

        I swear when I was a kid I remember there was a trope of being a landlord was a profession, it wasn't a get rich quick scheme it was just something you did as a job if you owned houses. These days it seems like every kid in the country knows buying and selling "investment properties" is the quickest way to build wealth.

    • brendanm on 14/07/2022 - 13:37
      +3

      Not always true. Was speaking to a guy just today who was putting his renovated property up for rent, at $100 less than what the rea reckoned they could get, was happy to have a young family, pets etc. Some good land Lords around, it's the property managers that ruin things generally.

    • wei13 on 14/07/2022 - 14:44
      +5

      Don't agree. It goes both ways. You can have sh*t landlords, and equally destructive and unreasonable tenants.

      I once had tenants (a family) who put extra care in maintaining the property. I didn't change their rent for 5 years, and always attended to their requests promptly. It was more like a mutual partnership.

  • brendanm on 14/07/2022 - 13:32
    +2

    You don't have to do any extra cleaning, it is not your responsibility to sell the property for anyone. Continue to live your life as you did before.

  • bitcoinorbust on 14/07/2022 - 13:34

    So if an investor play nice or PPOR be an arse. Hopefully you take the right gamble, btw Rea2 will just lie to you anyway so not worth asking.

  • trustnoone on 14/07/2022 - 13:45
    +1

    Is it legal for my current agent (REA 1) to share my contact details as the tenant without my consent, with an external real estate agent who would be hoping to sell the property for the owner?

    I'm not a lawyer so not sure, but my guess is you agreed for REA 1 to have your contact details who works on behalf of the landlord to manage the property, and as such you're allowing your landlord to have it. REA 2 now works on behalf of the landlord as part of management of the property. I think technically you're sharing the details with the landlord, who has people that work on behalf of them to manage it. Do you know if your details are discussed in parts of any TOS or contract signed/agreed on?

    If I explicitly didn't give my consent, what would happen in this situation?

    Well I guess there's two parts, if you shouldn't share your details either you can go after them, or some government body can (fair trading?) I doubt fair trading will care too much besides tell them not to do it again. And I'm not sure how much you can do. I understand you're annoyed but typically when it comes to courts they are there to make you "whole" so you need to show a loss/damage etc to pay you back for. And I'm not sure what you could show with that. If however your details were say leaked to REA2 and then your identity became available to the public or someone took over your identity etc. You could probably do something for damages.

    Then again I'm not a lawyer so that could all be wrong lol

  • [Deactivated] on 14/07/2022 - 13:56
    +1

    Appreciate everyone's varying thoughts and input on this. Thank you all so much for taking the time to read and offer advice to me.
    I guess I'll probably just get in touch with REA2 and see what they're proposing. It's good to know that I shouldn't be expected to do any out-of-the-ordinary cleaning or preparation for any potential viewings that may be desired by REA2. I guess if the owner does decide to sell, and the new buyer doesn't want to continue the lease, then so be it! Frustrating, but alas. Ahhhh, the joys of renting!
    Fingers crossed my investments shoot up in the next 6-12 months so that I can time buying my first PPOR with a drop in housing prices caused by rapidly rising interest rates.
    Thanks all again.
    Mods, requesting this thread be closed/locked now? Cheers.

    • Moderatormoocher on 14/07/2022 - 16:39

      Mods, requesting this thread be closed/locked now

      Please use the report link above in future, moderators don't read all the comments. Thanks.

  • bobbified on 14/07/2022 - 14:06
    +1

    That happened to me before but it was at the end of my first year lease and whoever decided to buy it may or may not have wanted to rent it out as an investment. I didn't want to move just yet since I liked the place, so I just bought it. That ended everything before it even started!

  • Typical16-bitEnjoyer on 14/07/2022 - 14:17
    +2

    Of all the battles to pick, arguing with the REA over your details being shared isn't it.

    REA2 could just ask for a WA equivalent of Vendor statement and a copy of the Lease for the potential sale to circumvent whatever you allege.

  • Eatslikeacat on 14/07/2022 - 14:54

    Your line of reasoning will quickly reach a dead end. Let's say that we take your argument at it's highest and that REA1 is not entitled to share your contact information with REA2. It is well within the landlord's rights to appoint REA2 to be the new rental managing agent and as such REA2 is now entitled to your contact details. Argument over.

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