When to organize visits for a property on sale when tenants still living there

[tiseb]

I've put my rented house on sale.I haven't given my tenants their notice yet. If they stay, when can i organize visits of the property ?Have they got the right to refuse visits?

[MrWoof]

If you have a clause in your agreement allowing viewings then as long as you are reasonable they cannot refuse. Note that word 'reasonable' think on the lines of a county court judge in deciding 'reasonable'. If you do not have such a clause then you may only view with the tenant's permission. I trust that you have told them that the house is for sale.

[zoe]

Mr Woof

You are wrong, they can refuse even if the clause is in the contract. Of course they might not refuse at all. If they do then the LL cannot just enter the property and would still need to go to court to get access.

Zoe

[Paul_f]

Zoe. What's this about getting a court order in order for the landlord to gain access to conduct viewings [which is the meaning of your post]. He won't get one!

[zoe]

Paul

You are probably right. I wanted to point out that access to the property for ANY reason needs to go through the court. LL cannot force entry for viewings.

Zoe

[caroline7758]

Wondered if you might be interested in selling your house with the tenants in? There was an article in the Observer last Sun. about a website doing this.I've recycled my copy but no doubt it's on the Observer website. If your tenants knew they might not have to move out, they might be happier about having viewers round. just a thought.

[Sal]

The landlord does not have a right to arrange viewings when ever it suits him.

By law you have to ask tenants permission 24 hours in advance of a viewing. They can refuse if it is inconvenient for them.

Have a look at the CAB website - under The landlord’s rights of entry

http://www.adviceguide.org.uk/index/family_parent/housing/common_problems_with_tenancies.htm


The landlord is really only supposed to ask to visit the property to carry out repairs or if there is an emergency.

In theory the tenants could refuse any viewings and it is in breach of their quiet enjoyment of the property. The best thing to do is have a chat with the tenants and come to some sort of agreement about what times would be the least convenient for them. You will still have to ask them 24 hours inadvance of each viewing, but they are less likely to refuse if they know that you are being considerate.

Offering a reduction in rent for the period in which they will be disrupted (remember they will have strangers traipsing around their home! and they will also have the stress and inconvenience of having to find somewhere else to live) would also be a goodwill gesture.

[Roquefort]

I'm in a situation exactly described - but on the other side -

I've said from day 1 since I knew the property was for sale that I don't want any viewings when I'm not present in the flat - And because I work, I have a verbal agreement with the Landlord's agents that this will only be evenings and Saturdays.

The Landlord (via his agents) then offered compensation for the disturbances, and for my continued goodwill, for which I am very grateful. I accepted.

Now his agents have started threatening me to allow agents in when they see fit (i.e. even when I'm not present), or they'll consider terminating the contract - Which I'm sure they can't.

Now I've just had a call from my partner, who is ill in bed at the moment, informing me that an agent has tried to let himself in, even though I told him yesterday that this time would not be acceptable to me.

The irony of this is that my landlord / his agent withheld the fact that the property was on the market for sale when we signed the tenancy agreement.
I would never have signed had I known that the place was for sale.
On the third day after we moved in we had the first unannounced agent arrive with potential viewers.

The questions:
- Is my Landlord now in breach of contract for trying to enter without permission?
- Does the fact he didn't inform us of the sale of the property put him in breach?
- Is my demand to be present during all viewings, and offerering my own evenings and Saturdays, unreasonable?

I know that for the last 4 weeks I certainly have not been able to enjoy the property quietly!
I would now quite willingly leave this place as soon as possible if the agents offer me an equivalent alternative and to cover the expenses I'd incur... but there are still 2 months until the agreed break clause takes effect, and the agent replied to this verbal question in negative.

Thanks for your help!

[Andy Parker]

Your LL is in breach if he enters without your permission.Your LL is not in breach for not disclosing the proposed house sale but you are entitled to 'quiet enjoyment' of the property whilst in exclusive possession of it so it shouldn't affect the contract.You can refuse all visits completely so it is reasonable that they are done at YOUR convenience and in your presence.I would just change the locks and insist that the LL or agent get proper prior permission before turning up.You will not be in breach if you do this and it is a lot simpler than suing for unauthorised entry.