When you decide to sell an Auckland rental, your first choice is whether to sell it empty or sell it with the tenant still living there. Both paths have legal rules around notice and access, and getting the tenant offside in week one is the fastest way to ruin your open homes.
Option 1: Emptying the house before going to market
If your buyer is likely to be an owner-occupier, presenting the property vacant, freshly cleaned and staged often brings the strongest price. On a periodic tenancy, a landlord can give 90 days written notice to end the tenancy before marketing starts. Once the tenant moves out and the exit inspection is done, you can touch up paint, stage the rooms and run open homes freely.
Option 2: Selling with the tenant in place
Keeping the tenant in the house keeps rent coming in while the campaign runs, and lets investors buy a turnkey rental with a proven payment history. If the tenancy is periodic and an owner-occupier buys the house under an unconditional sale agreement requiring vacant possession, you can then give the tenant at least 42 days written notice.
If the tenant is on a fixed-term agreement, the buyer must take on the fixed-term tenancy until its expiry date unless the tenant agrees to leave early.
What are the rules for photography and open homes?
- You must notify the tenant in writing before the property goes on the market.
- You need the tenant's consent for photos that show their personal belongings, and for open homes vs private viewings by appointment.
- Tenants can set reasonable conditions on viewing days and times, though they cannot unreasonably refuse access altogether.
In practice, a cooperative tenant is worth more than any legal argument. When Climber manages both the tenancy and the property sale (at our 1.5% + GST sales commission), the property manager and the sales agent work from the same office. We agree viewing windows with the tenant early, keep the house tidy for buyers and make sure notice periods match your settlement date.
Questions landlords ask us
Can I force a tenant to allow weekend open homes?
Tenants must allow reasonable access to show prospective buyers through, but they can set reasonable conditions and can require viewings by appointment rather than public open homes.
When can I give 42 days notice for a sale?
Only on a periodic tenancy after the sale and purchase agreement has gone unconditional and requires vacant possession.
Can Climber sell my rental as well as manage it?
Yes. Climber's licensed sales team sells Auckland residential property for a 1.5% + GST commission and coordinates directly with our property managers.
If you want this handled for a property in Auckland, talk to the Climber team or read how residential property management works with us.