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View Full Version : Entry to my currently let property - advice needed!



john.martin
16-10-2009, 08:52 AM
Hi,

I am trying to sell a property I currently have rented.
The buyer needs to allow a surveyor into the property to perform a valuation but my tenants are being VERY difficult, they refuse to accomodate the valuer unless they are BOTH at the property at the same time, but they work alternating shifts making it damn near impossible.

What is the law in terms of entering the property? Can I serve them written notice that I wish to enter the property?

Obviously I don't want to get sued, advice would be greatly appreciated.

Thanks,

John.

tom999
16-10-2009, 09:15 AM
but my tenants are being VERY difficult, they refuse to accomodate the valuer unless they are BOTH at the property at the same time, but they work alternating shifts making it damn near impossible.They may be being diffcult as you are trying to sell their home.


What is the law in terms of entering the property? Can I serve them written notice that I wish to enter the property?Tenant's have the right to quiet enjoyment; rightfully so, as it's their home during the tenancy. If you need access (for a valuation) then you will need their permission - they could simply refuse you access altogether. Work with your tenants (not against them) to find a mutually convenient date and time for an appointment.

Note: Why not provide an incentive, e.g. offer a rent reduction for their final month?

john.martin
16-10-2009, 09:59 AM
An incentive could work.... I actually have a pretty good relationship with the tenants and the buyer of the property wants them to remain as tenants.

I was looking more for advice on the legal aspects, are there and conditions upon which access must be granted?

jta
16-10-2009, 10:04 AM
An incentive could work.... I actually have a pretty good relationship with the tenants and the buyer of the property wants them to remain as tenants.

I was looking more for advice on the legal aspects, are there and conditions upon which access must be granted?

There are, but they would involve a court order. It's better to come to an agreement with your tenants for a time when your valuer can gain access.

jeffrey
16-10-2009, 11:55 AM
Many let properties are sold subject to a 'no internal inspection permitted' condition- esp. at auction.

TenantsLuvMe
16-10-2009, 17:35 PM
Tenants don't actually have to give you any access to the property, whether any access is specified in the tenancy agreement or not, whether access is arranged in the proper way or not, etc.

I had a thought that perhaps you could get a document drafted (contract ?) and signed by all to verify the buyer's intentions, provding the tenants provide access (perhaps more than once?) and also, that the sale completes.

The tenants could then allow access only to that buyer's surveyor.