Quick Tenancy Law Question (Vic)... Please Help!

[Cúl-Báire]

So I am usually fairly good at this sort of stuff but I have hit a road block on this one and hoping someone that knows a little more about property / tenancy law might be able to help me out...

So the property we are leasing is for sale, which it has been for quiet some time however a new sales agent has been engaged to sell the place. This is the second rental property in a row this has happened so obviously we are a little frustrated with being messed around. After meeting the sales agent last week he seemed friendly enough however today he calls up demanding he be able to come though on Thursday to take photographs. Being reasonable I suggested either Monday or Wednesday of next week as the Leasing Agent is coming though then. The sales agent started getting quiet rude on the phone stating he only had to give 24hrs notice etc...

Now like I said above I am fairly good at this sort of stuff so I am well aware of our rights, and entry requirements etc... but I have hit a road block on this one. The Residential Tenancies Act (Vic) states the "landlord", or "landlords agent" is able to give 24hrs notice to show prospective buyers, etc... however.

On our lease our leasing agent quiet clearly is listed as the "landlords agent", the sales agent is NOT party to the lease.

The Residential Tenancies Act (vic) offers no definition of "landlords agent" or "agent".

Information by the Tenants Union is rather inconclusive as to whether or not the sales agent is to be considered the "landlords agent"


But similar acts in other states offers the below definition:

"landlord’s agent" means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for:

(a) the letting of residential premises, or​

(b) the collection of rents payable for any tenancy of residential premises.​

This definition suggests the sales agent can not be considered a "landlords agent" for the purpose of entering the property, and therefore would be required to contact us though the leasing agent. Is a similar definition used in Victoria, and if so am I on the right track?

Any help would be appreciated.

- Cul

 

[Wellsey]

Not sure about Victoria, but here in QLD you can just ring the RTA and talk to someone over the phone. I've had to call them a number of times for different things and they've always been awesome to deal with. They can provide you with a letter or email to give your agent confirming your conversation and the advice given, if required.

Whenever I've had issues with my agents in the past, just the mention of the RTA has pulled them into line.

 

[John U]

I reckon you've nailed it. Tell him to get fucked and come back with the renting agent or landlord with the appropriate notice.

It seems funny that they'd use a different agent to sell given they already have relationship with the renting agent. I reckon this is probably putting a bee in the selling agents bonnet thus, partly, the fuss he's making.

 

[Cúl-Báire]

I've spoken to the RTA a number of times in QLD, they are always quiet helpful. In Vic we have the Tenants Union of Victoria which are much the same; however they are only open tomorrow from 12:30pm til 7pm I was hoping to be closer to finding an answer before then. :nerd:

 

[Wellsey]

I've spoken to the RTA a number of times in QLD, they are always quiet helpful. In Vic we have the Tenants Union of Victoria which are much the same; however they are only open tomorrow from 12:30pm til 7pm I was hoping to be closer to finding an answer before then. :nerd:

Well I'm with you; if he's not with the agency that holds the lease, then the 24 hours notice shite does not apply.

 

[willsy01]

Tell him he's welcome to come on Thursday......he has no key so he's going to look awesome showing a potential buyer the property through the windows. Also, take a photo of your junk and pin it to the front door.

You have no contract with him.