It’s not only home owners who have the right to privacy and peace; tenants who rent properties have these rights as well, and this can sometimes make it difficult to perform property inspections. Below are a few hints and tips to help ensure that a property inspection is able to go as smoothly as possible in a tenanted property.
Inform the Tenant that the Property is on the Market
Before the property inspection is allowed to take place, the tenant must be informed that the property has been placed on the market. This should be done by issuing them with a Form 10 – Notice of Lessor’s Intention to Sell Premises and it must be given to the tenant before any pre-purchase building inspections can be performed. The Form 10 stipulates that a seller inform the tenant of the sales strategy that will be implemented and whether the property will be sold on auction or by means of hosting an ‘open house.’
Tenants must also be informed if the seller intends showing anyone through the property at any time and whether any secondary agents will need access to the home at any time. Only once this has been done can arrangements be made for a pre-purchase inspection to be carried out – and the tenant will have to be informed of this as well.
What Happens When Tenants Don’t Agree to an Inspection?
In an ideal world, tenants would grant access to landlords, estate agents and property inspectors without a hassle. However, as many landlords and property owners know, this does not always happen. In cases where tenants don’t agree and a property owner or landlord wants to allow a prospective buyer to view the home, the landlord must still give the tenant notice of the proposed entry, usually referred to as the Entry Notice. This notice must be served to the tenant at least 24 hours before any proposed entry to the property is to take place.
In addition, proposed entry times must be classified as being reasonable. For example, they usually cannot be made on public holidays or at certain times on Sundays.
Other Points to Consider when Having Building Inspections Performed on a Tenanted Property
Having a pre-purchase building inspection carried out on a tenanted property is about more than just ensuring you are complying with your statutory limitations as a landlord by giving tenants sufficient notice. It also involves ensuring that an accredited and experienced building inspector is hired to perform the pre-purchase inspection. This will enable the property to be thoroughly and correctly inspected and a complete report to be provided afterwards.
If you are a landlord or estate agent who needs to organize a pre-purchase property inspection and are unsure of where to start with the process, our team will be more than willing to assist you. Get in touch with us today to find out more about the various forms of property inspections that can be performed by our team.
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