Can my landlord show my property to potential buyers while I am still living there in NSW?
Yes, your landlord can show your property to potential buyers while you live there in New South Wales. However, they cannot simply drop in. They must give you 14 days' written notice before the property is first advertised, and 48 hours' notice before each inspection. Inspections are strictly limited to two per week.
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How it works in practice
The Rules for Inspections
In New South Wales, your landlord has the legal right to sell the property you are renting. As part of this process, they are allowed to show the property to prospective buyers. However, your right to peace, comfort, and privacy must still be respected during the sales campaign.
Strict Notice Requirements
Before anyone can inspect the property, the landlord or their agent must provide you with at least 14 days' written notice of their intention to sell. Once this initial notice period has passed, they must then give you at least 48 hours' notice before every single inspection.
Limits on Frequency
Landlords cannot conduct open homes or private viewings every day. By law, inspections by potential buyers are capped at a maximum of two per week. Furthermore, you must make a reasonable effort to agree on the dates and times for these viewings. If you cannot reach an agreement, the landlord can set the times, but they cannot be on a Sunday, a public holiday, or outside the hours of 8 am and 8 pm.
Important exceptions
There are a few exceptions to the standard access rules during a property sale in New South Wales.
If you agree in writing, the landlord can hold more than two inspections per week, or conduct viewings outside the legally permitted hours.
Additionally, if you are a protected person under an apprehended violence order (AVO) and the prospective buyer is the person the AVO protects you against, you can legally refuse them entry to the premises.
Finally, you are not required to keep the property in a flawless display condition; you only need to keep it reasonably clean as dictated by your agreement.
What you should do now
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Ask your landlord or real estate agent for the formal 14 days' written notice of their intention to sell the property.
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Negotiate and agree on two specific days and times per week for buyer inspections that minimize disruption to your life.
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Request at least 48 hours' written notice before every scheduled viewing to ensure you are prepared.
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Remain at the property during the inspections if you wish, as you have the legal right to be present while buyers walk through.
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Contact NSW Fair Trading or apply to the NSW Civil and Administrative Tribunal (NCAT) if the landlord attempts to force excessive or unannounced inspections.
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