Serving Notice

[Moony]

Hi

Just a quick question about serving notice and our right to viewing the property.

In our letting agreement it says that the tennant must allow at reasonable times of day and with 24 hours notice - the house to be viewed in the last weeks of the tennancy agreement.

We are putting our tennants on notice this week with a view to selling the property (it'll actually be about 3 months notice as we have just missed the deadline for this month as per section 21 of the housing act) - does that mean they have to allow access for viewings as soon as notice has been served as they are then within the "final weeks" of their tennancy - or is there some set time period over which these "final weeks" apply?

Cheers

[house275]

I believe they can refuse entry if they choose
Im sure I read on here saying that despite it being commom in contracts it's unenforceable

[Moony]

I believe they can refuse entry if they choose
Im sure I read on here saying that despite it being commom in contracts it's unenforceable

Wouldnt that make drawing up a contract pointless?

[house275]

Sorry not my advice I'm just repeating it :(

I will try to find the post it was in for you

[house275]

http://www.landlordzone.co.uk/forums/showthread.php?t=5814

[mind the gap]

I haven't ploughed through the whole thread but essentially I think it is the case that clauses allowing LL non-emergency access (eg for viewings) are enforceable, but only via a court order...by which time T will probably have moved out anyway. Hence the need for goodwill.