Can my landlord bring people through my home to sell it while I am still living there in the ACT?
Yes, your landlord can show your home to potential buyers while you live there in the ACT. However, they must provide at least 48 hours' written notice before any inspection. Showings are legally limited to reasonable times, and you have the right to be present.
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How it works in practice
Right to Sell the Property
Your landlord has the legal right to sell their property at any point during your tenancy in the Australian Capital Territory (ACT). However, selling the property does not automatically cancel your existing lease.
If you are on a fixed-term agreement, the new owner must honor the existing terms and conditions of your lease until it expires. You cannot be evicted simply because the property changes hands.
Notice Periods and Inspections
Before bringing any prospective buyers through your home, the landlord or their real estate agent must give you at least 48 hours' written notice. They cannot simply arrive unannounced or demand immediate entry.
By law, these inspections must occur at reasonable times. You also have the right to request that inspections are limited to a specific number of times per week to minimize disruption to your quiet enjoyment of the home.
Your Rights During Showings
You have the right to be present during any open home or private inspection. You are not required to leave the property while strangers walk through. Furthermore, you can negotiate the times and dates of these showings to ensure they fit within your schedule, provided you are not unreasonably refusing access.
Important exceptions
There are exceptions if you are on a periodic (month-to-month) lease rather than a fixed-term agreement. If the property is sold and the new buyer requires vacant possession, the landlord can issue you an 8 weeks' notice to vacate.
Additionally, you may refuse an inspection if the proposed time is genuinely unreasonable, such as late at night, early in the morning, or on a public holiday.
If you are a victim of family violence or have specific safety or health concerns, you can apply to the ACT Civil and Administrative Tribunal (ACAT) to restrict or block public open houses.
What you should do now
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Read your tenancy agreement carefully to understand your specific rights regarding property access and sales.
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Request a formal schedule of proposed open houses and private inspections from your landlord or real estate agent.
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Negotiate inspection times in writing to ensure they do not unreasonably interfere with your daily life or work schedule.
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Secure any valuable items, sensitive personal documents, or prescription medications before strangers enter your home.
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Contact the Tenants' Advice Service or ACAT if your landlord attempts to force unreasonable inspections or breaches the minimum notice period.
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