Can I conduct viewing in tenant’s absence?

Can I conduct viewing in tenant’s absence?

9:32 AM, 27th July 2022, About 3 weeks ago 10

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My tenant is still within the 12 months fixed term agreement and has told me he was buying elsewhere. Therefore, I now require him to enable an internal viewing of the flat by a potential buyer.

The AST says he must permit this and I need to get a time for the buyer’s visit.

Should the tenant agree on a time and then not be present, does the law allow me to conduct a viewing in his absence?

Any advice, please?

Cyril



Comments

Smartermind

10:00 AM, 27th July 2022, About 3 weeks ago

Providing the tenant agrees, you could do a viewing in the tenant's absence. If the tenant doesn't agree then you can't, no matter what the AST agreement stipulates.

Steve Masters View Profile

10:12 AM, 27th July 2022, About 3 weeks ago

Reply to the comment left by Smartermind at 27/07/2022 - 10:00
I'm not sure that's quite right.
Without looking it up my understanding is that as long as the LL has given proper notice and as long as T doesn't disagree then LL can enter.
If T stays silent then LL can assume consent.

andrew sheppard

10:34 AM, 27th July 2022, About 3 weeks ago

Reply to the comment left by Steve Masters at 27/07/2022 - 10:12A landlord cannot enter a tenants property without permission full stop. Permission is gained by a tenant agreeing it is ok, it is not ok to enter if the tenant simply dosn't reply, assume nothing. It is tenants home and have the right to quiet which means stay out unless welcomed in.

Steve Masters View Profile

11:40 AM, 27th July 2022, About 3 weeks ago

I'm on holiday at the moment so I cant enter my tenants home even if I had good cause to, nor can I research the issue properly, but I found this from The Landlord Law Blog:-

https://landlordlawblog.co.uk/2014/09/09/all-about-landlords-rights-to-go-into-their-tenants-property/

Smartermind

13:57 PM, 27th July 2022, About 3 weeks ago

Reply to the comment left by Steve Masters at 27/07/2022 - 11:40
Even the blog you refer to does not give the landlord the right to enter without the tenant's consent, except in an emergency.

A property viewing cannot be considered an emergency under any circumstances.

Graham Bowcock View Profile

15:34 PM, 27th July 2022, About 3 weeks ago

To be very clear about it you cannot enter the house without the tenant's consent.

It also seems that you are making an assumption about the tenant vacating on a particular date. I've had tenants trying to buy and they are still in residence after many months.

Sounds like you need to agree with the tenant if they are actually vacating and get a date off them. Then agree with them if access if permitted for viewings. If they don't agree, then that's tough - you can't go in.

Chris @ Possession Friend

21:51 PM, 27th July 2022, About 3 weeks ago

Smartermind and Graham are absolutely correct.

Ishfaq Hussain

8:06 AM, 28th July 2022, About 3 weeks ago

Reply to the comment left by Graham Bowcock at 27/07/2022 - 15:34
Hi,
I have a resi tenant who gave me notice on 4th July that she will be leaving in a month’s time as she had purchased a property. Since then, after a perfectly amicable relationship for the previous 12 months, she has refused access to the property for any reason, including viewings and an inspection. I have tried to be amicable with her but she will not agree. I therefore intend to go to the property on 5th August and effect a peaceful re-entry by changing the front door lock. Is this lawful?

Graham Bowcock View Profile

9:06 AM, 28th July 2022, About 3 weeks ago

Reply to the comment left by Ishfaq Hussain at 28/07/2022 - 08:06
Quite simply no, you cannot just take access like that. The situation is not straightforward so you would be best advised to get some proper advice, specific to your circumstances.

CYRIL STALEY

8:59 AM, 30th July 2022, About 3 weeks ago

Reply to the comment left by Ishfaq Hussain at 28/07/2022 - 08:06
Ishfaq
DO NOT change the locks.
If you did this YOU could be SUED for WRONGFUL EVICTION.

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