Can my landlord bring people through my home to sell it while I am still living there in Western Australia?
Yes, your landlord can show your home to potential buyers while you are living there in Western Australia. However, they must provide you with reasonable written notice before bringing anyone through. They are legally required to negotiate viewing times that are mutually convenient for both of you.
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How it works in practice
Right to Show the Property
In Western Australia, a landlord or property manager has the legal right to show a rental property to prospective buyers, even if you have an active lease. Selling the property does not automatically end your tenancy agreement, and you have the right to remain in the home until your lease legally concludes.
Notice and Negotiation Rules
While landlords can conduct viewings, they cannot simply arrive unannounced. Under WA tenancy laws, the landlord must provide you with "reasonable written notice" prior to any inspection. The law strictly requires both parties to make a genuine effort to negotiate viewing times that are mutually acceptable and do not heavily disrupt your daily life.
If an agreement cannot be reached, the landlord can still hold a reasonable number of viewings, but these must occur at reasonable hours. You are not legally required to leave the property during a home open or private viewing. Furthermore, the landlord must ensure that your belongings are secure and that your right to quiet enjoyment of the home is respected throughout the sales process.
Important exceptions
There are specific exceptions regarding photographs and privacy. Your landlord cannot use photographs or video tours that clearly identify your personal belongings, family members, or sensitive items without your explicit written consent.
Additionally, if you are a victim of family and domestic violence, special tenancy protections apply in WA. You may have grounds to refuse viewings or negotiate stricter security conditions if strangers walking through the property poses a genuine safety risk.
Finally, if the viewings become overly frequent or intrusive, it may breach your right to quiet enjoyment, allowing you to seek a formal tribunal order to restrict access.
What you should do now
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Request that your landlord or property manager provides a clear schedule of proposed viewing times in writing.
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Negotiate mutually convenient times for the viewings, aiming to balance their right to sell with your right to quiet enjoyment.
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Ask the agent to confirm in writing how they will ensure the security of your personal belongings during home opens.
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Decide whether you prefer to remain on the property during the viewings, as you are legally entitled to be present.
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Contact WA Consumer Protection or apply to the Magistrates Court if the landlord insists on unreasonable viewing times or excessive inspections.
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