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Thread: Tenant Viewings

  1. #1
    Join Date
    Dec 2012
    Location
    Edinburgh
    Posts
    2

    Default Tenant Viewings

    If a tenancy states the following:

    • "the tenants will permit the landlord and any other persons authorised by the landlord access to the accommodation upon prior notice (excluding an emergency) to enter and view the accommodation for any proper purpose, inspection, collection of rent or to carry out maintenance, repairs."
    • "the tenant will allow the landlord or any other persons authorised by the landlord access to the accommodation for the viewing of the accommodation to prospective new tenants during the last 2 months of the tenancy. The tenants accept that should the landlord not be able to contact the tenants then all viewings shall go ahead without the tenants consent."

    If the landlord gives plenty of notice beforehand by email / over 24hrs notice can they still do viewings if the tenant does not contact the landlord to confirm this is ok?

    If the landlord gives the tenant plenty of notice beforehand by email / over 24hrs notice are they allowed to do viewings if the tenant says they don't want them to, with no good reason, just being ackward?

  2. #2
    Join Date
    Mar 2009
    Posts
    8,404

    Default

    Are you landlord or agent or tenant?? Assume LL or agent..

    Are you familiar with Protection from Harassment Act 1997 S8 onwards...
    Scotland8 Harassment.(1)Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and—
    (a)is intended to amount to harassment of that person; or
    (b)occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
    .....
    - Unlikely for what you suggest but can get you a **free** holiday in Barlinnie...

    That the tenancy agreement allows to landlord to conduct viewings is very interesting but the only way to enforce that is with an order from your neighbourhood Sheriff court, which will likely take longer than evicting tenant.

    Has tenant given notice or do you have a possession order?? i.e. what makes you think tenant will be leaving???

    An unhappy tenant is likely to leave the place in an unattractive state and/or talk to any prospective tenant about what the problems are with the property, the agent or the landlord.... because of this I have never done viewings until previous T has left...

    Having wittered on however many agents & landlords do do viewings: One tactic is to offer tenant inducement (eg 50% off rent & good references if viewings, say, every Wed 2-4pm...). The place is the tenant's home to live in (-roughly..) as they see fit as long as it is handed back as-was, less fair-wear-'n-tear...

    I would ensure any notice is done in writing/email - i,e, not TXT... By all means TXT also....

    Would you like strangers wandering round your home & personal possessions when you don't want them there??

    OFT guidance on this is interesting btw (Google OFT356..)- suggested fair clause in tenancy is
    On giving the tenant at least 24 hours notice in writing, to allow the landlord, or any person acting on behalf of the landlord, access to view the property, during normal working hours, accompanying a prospective tenant or purchaser of the property.
    - but guidance only, not law..

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  3. #3

    Default

    Offering say a £10 shop voucher each week is cheaper than half rent, as an alternative.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

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