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selling off market with a tenants in place advice

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1

Hi knowledgeable people. Please help. I know about 3 month notice needed if I put a place on the market. But if it's sold off the market, do I still need to notify the tenant? Potentially, a buyer would still want to view-can we even ask for a permission to view? Please answer or point me to the right direction. Tenancy doesn't answer calls anymore it seems... Thank you!

evoalg - 2021-04-13 14:12:00
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Putting a property on the market only means that there is an intention to sell, that intention might or might not result in a sale. And might or might not involve an agent or advertising. So you just need to follow the process at the below link.

And these days it is very important to follow the process very carefully.

https://www.tenancy.govt.nz/ending-a-tenancy/change-of-landl
ord-or-tenant/selling-a-rental-property/

artemis - 2021-04-13 16:55:00
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evoalg wrote:

Hi knowledgeable people. Please help. I know about 3 month notice needed if I put a place on the market. But if it's sold off the market, do I still need to notify the tenant? Potentially, a buyer would still want to view-can we even ask for a permission to view? Please answer or point me to the right direction. Tenancy doesn't answer calls anymore it seems... Thank you!

Define "off the market" first.

sparkychap - 2021-04-13 17:40:00
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sparkychap wrote:

Define "off the market" first.

not advertised online to a bunch of people, a private sale.

evoalg - 2021-04-13 17:45:00
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evoalg wrote:

not advertised online to a bunch of people, a private sale.

So you've already located and agreed with the purchaser?

sparkychap - 2021-04-13 17:53:00
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sparkychap wrote:

So you've already located and agreed with the purchaser?

talking to the purchaser now, they know the property so might not even view or make it conditional upon inspection. I wonder whether it's OK to just re-write the tenancy with a new name for LL. If they decide they don't want a tenant, it's still 3 month notice which we would have to give if we wanted to advertise to sell.

evoalg - 2021-04-13 18:01:00
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evoalg wrote:

talking to the purchaser now, they know the property so might not even view or make it conditional upon inspection. I wonder whether it's OK to just re-write the tenancy with a new name for LL. If they decide they don't want a tenant, it's still 3 month notice which we would have to give if we wanted to advertise to sell.

Yep. If they don't need to view, you don't need to notify the intent to sell.

If they want to buy the tenants as well, then you need to record that in the ASP (as opposed to vacant possession) . Discuss with lawyer, don't make the error of signing with vacant possession as you then have to get rid of the tenant even if legally not allowed to....

If they don't want the tenants, then you can give them 90 days notice as sole unconditional and ASP required vacant possession.

Then sign a change of landlord / bond form to notify Tenancy Services of the transfer.

sparkychap - 2021-04-13 18:13:00
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sparkychap wrote:

Yep. If they don't need to view, you don't need to notify the intent to sell.

If they want to buy the tenants as well, then you need to record that in the ASP (as opposed to vacant possession) . Discuss with lawyer, don't make the error of signing with vacant possession as you then have to get rid of the tenant even if legally not allowed to....

If they don't want the tenants, then you can give them 90 days notice as sole unconditional and ASP required vacant possession.

Then sign a change of landlord / bond form to notify Tenancy Services of the transfer.

thank you Monsieur Sparkychap ;)

evoalg - 2021-04-13 18:32:00
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OMG. The first recorded IRL of a poster asking for advice, providing further information when requested, another poster answering the question asked without political comment or gratuitous insult, and OP thanking the second poster for the advice. Imagine if this caught on.

nic48 - 2021-04-14 09:24:00
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nic48 wrote:

OMG. The first recorded IRL of a poster asking for advice, providing further information when requested, another poster answering the question asked without political comment or gratuitous insult, and OP thanking the second poster for the advice. Imagine if this caught on.

Nah, never will!

Waits for LV landing?

smallwoods - 2021-04-14 12:40:00
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evoalg wrote:

thank you Monsieur Sparkychap ;)

A pleasure, bon chance with your sale!

sparkychap - 2021-04-14 14:11:00
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smallwoods wrote:

Nah, never will!

Waits for LV landing?


This wholesome and fragrant thread has been certified LV free....

apollo11 - 2021-04-14 17:37:00
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when I see an advert for a house with tenant I think of someone selling people

catbrat - 2021-04-18 19:58:00
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