Should landlords have the right to refuse DSS tenants?10:43 AM, 20th May 2019
About 4 weeks ago 124
We have rented out our apartment for just over a year now, the tenants have been an absolute nightmare and we have spent a small fortune on redecorating, installing fans, plastering walls etc etc, so we have decided to serve the tenants notice.
We have instructed a new agency as we feel the old agent’s property management could of handled the tenants expectations a lot better. The new agent has since contacted the tenants regarding viewing times and has received the following:-
“Dear Sir or Madam,
I am writing to you regarding your request for viewings.
As it is currently longer than 28 days, you as letting agents have no right to request.
You, as a representative of the landlord cannot guarantee or promise a pre-contract/contract to any prospective tenants for a start date to commence circa 2nd September as you are in no position to assure your prospective tenants that the flat will be available on the aforementioned date ie. Eviction processes/court proceedings might or might not be months in the making. It would be unwise for yourselves to allow viewings for this premises before the legitimate lease end date (2nd September 2017). Neither the landlord nor yourselves representing the landlord may ‘derogate from their grant’.
I appreciate that you are aiming for a seamless transition between us (the tenants in situ) and the prospective tenants so as not to lose the landlord monies.
However, as we are legally entitled to stay ‘undisturbed’ in ‘quiet enjoyment’ of this property until the 2nd of September we put this proposal to you:-
‘That we hereby promise to ensure reasonable and mutually agreed availability for viewings to this premises so as to help facilitate your search for prospective tenants between now (22/07/2017) and the lease end date (02/09/2017) based on the conclusion of a 50% discounted final month’s rent (£585.00p).’
We feel this is a fair amount when you consider the inevitable void of monies that would exist if you were to only allow viewings after our departure date.
Kindly confirm your position by return, this response via email.”
Now we know legally they do not have to allow access although the tenancy agreement somewhat states otherwise, but what they have responded with is clearly blackmail.
Is there anything I can do regarding this or will we just have to let the tenancy expire and wait for them to leave to begin viewings.
Clearly this is not ideal but I would rather lose money then allow my tenant to bend us over backwards like this.
If anyone can provide any advice it would be deeply appreciated.
We have contacted our property management company and they suggest waiting for the tenancy to expire.
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