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MANOJ
29-01-2008, 09:54 AM
I have a tenant who is refusing entry to Estate Agents .The tenant has not paid any rent since September last year and I am in the process of evicting her through the courts.The courts seem to be taking forever and I want to sell the property quickly. If the tenant is given 24hrs notice by me to enter the property with an Estate agent is this illegal ? I don't want to break
the Law but I need prospective buyers to see the property.Any advice would be gratefullly appreciated.

fallenlord
29-01-2008, 10:39 AM
I have a tenant who is refusing entry to Estate Agents .The tenant has not paid any rent since September last year and I am in the process of evicting her through the courts.The courts seem to be taking forever and I want to sell the property quickly. If the tenant is given 24hrs notice by me to enter the property with an Estate agent is this illegal ? I don't want to break
the Law but I need prospective buyers to see the property.Any advice would be gratefullly appreciated.

Unfortunatley, if the tenant is refusing entry there is nothing you can do - she has a legal right to privacy that overrides anything that may be in your tenancy agreement. Additionally, the fact that you are taking her to court as she has breeched her tenancy has no bearing.

Under the circumstances, is it really a good idea to have potential viewers meet your problem tenant? What sort of condition is she keeping the property? Are you likely to loose potential puchasers? It may be better in the long run to hold tight until she vacates and then you can ensure the house is being shown in its best condition.

jeffrey
29-01-2008, 10:52 AM
I have a tenant who is refusing entry to Estate Agents .The tenant has not paid any rent since September last year and I am in the process of evicting her through the courts.The courts seem to be taking forever and I want to sell the property quickly. If the tenant is given 24hrs notice by me to enter the property with an Estate agent is this illegal ? I don't want to break
the Law but I need prospective buyers to see the property.Any advice would be gratefullly appreciated.
One way around the delay would be to:
a. sell at auction; and
b. provide (in the Contract) that no internal inspection is available.

At least some bidders may tend to take a practical view and bid anyway.

johngekko
29-01-2008, 11:51 AM
[QUOTE=fallenlord;61664]Unfortunatley, if the tenant is refusing entry there is nothing you can do - she has a legal right to privacy that overrides anything that may be in your tenancy agreement. QUOTE]

Wow really? I never knew that, that's actually quite concerning.

heather5
29-01-2008, 20:03 PM
As a tenant the first thing you are told whether you go to shelter, Citizen's advice or even a solicitor is that you have the right to quiet enjoyment and as a result can refuse entry under all circumstances - including LL selling. The only circumstances is in a dire emergency - fire, flooding, gas leak, etc - even then the tenant must be consulted - but if they say no - that's seems to be the only occasion that the clause can be over-riden - i.e. basically the property is being threatened by no action by the landlord.