Selling a property which has a difficult tenant?
2:25 PM, 27th February 2020, 6 years ago
6
Categories:
I want to sell a property which has a difficult tenant.
I would like to know what happens if he does not let potential viewers access to the property?
Are there any documents can I get the tenant to sign which could/will make the tenant cooperate in allowing agents access to the property for viewings to go ahead?#
Many thanks
Rachael
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
or
Previous Article
Fuseboard Confusion!
Member Since February 2011 - Comments: 3453 - Articles: 286
2:42 PM, 27th February 2020, About 6 years ago
Hi Rachael,
A tenant has a statutory right to quiet enjoyment and can refuse access and should be given 24 hours notice.
If you do not want to serve a section21 and sell unoccupied then the most common suggestion is to give the tenant a financial inducement to help you.
Member Since July 2013 - Comments: 1996 - Articles: 21
2:48 PM, 27th February 2020, About 6 years ago
I assume the tenant is leaving and the viewings are by prospective new tenants.
Check the terms of the tenancy to see what notice you have to give the tenant and whether notice must be in writing. Make sure you and your agents abide by the requirements. Most tenants are OK with a telephone call but give at least 24 hours notice and be prepared for a tenant insisting on written notice.
I definitely would not ask the tenant to sign something now to say he will not be difficult. That is asking for trouble.
As well as the formal notice, I would text/email the tenant to say the agents will be contacting him to arrange viewings. I would not invite the tenant to set times when they can view or to insist that he be at home when viewings occur.
Member Since April 2014 - Comments: 985 - Articles: 2
5:19 PM, 27th February 2020, About 6 years ago
One of the biggest complaints I have heard tenants make is when the agent relies on a clause in an tenancy agreement where the tenant has accepted agent viewings of the property at some undefined future date/time. The agent/you must still serve 24 hours notice for each specific visit. If I was a tenant I would also expect a visit time to be stated.
Member Since July 2017 - Comments: 463
11:54 AM, 28th February 2020, About 6 years ago
Reply to the comment left by Neil Patterson at 27/02/2020 – 14:42
I agree – £25 or £50 per viewing might be enough to make the tenant more cooperative.
Member Since July 2013 - Comments: 1996 - Articles: 21
12:07 PM, 28th February 2020, About 6 years ago
Reply to the comment left by at 28/02/2020 – 11:54
We conduct scores of viewings every year and have never offered to pay a tenant to allow a viewing. Absent special circumstances I can see no reason why a landlord should do this if the lease allows rights of entry.
Member Since October 2016 - Comments: 189
12:37 PM, 1st March 2020, About 6 years ago
If you are aiming to sell with VP, you’d be better getting the tenant out first. With my agency hast on we have encountered many landlords trying to sell whilst they still have tenants in. Even with the best of tenants it can be jolly difficult. The tenant’s intentions are not aligned with yours – they have no incentive to tidy up, stop cooking, put the dog outside, etc. to facilitate a viewing for the landlord’s benefit.
If you are aiming to sell as an investment, then a difficult tenant will not go down well. As an investor – would I want the place? The conclusion here is, again, probably to remove the tenant.