Tenant refusing viewings after being served Section 21?

Reply to the comment left by Jo Cark at 14/03/2023 - 21:52
Ask yourself why are they being evicted in the first place instead of siding with tenants. Model tenants do not get evicted 99.9% of the time unless there is a plausible reason.

Reply to the comment left by Luki at 15/03/2023 - 15:11
We are going through a spell now, as both landlords and agents, in ending the tenancies of some very good tenants simple because the economics of the sector no longer work. Our business (and that of our clients) is not a charity and cannot carry modest profits, or even losses.

It is a shame for tenants - I have no issue with 99% of our tenants as their suitability and would glady let to them all again.

Reply to the comment left by Luki at 15/03/2023 - 15:11
There's no point asking yourself a question to which you don't know the answer. The originator of this thread has been asked why he served the S21 and has not responded so the inference is that there is no good reason.

In any event, why would you expect any tenant to co-operate with a landlord who has just served notice on them?

Well AJ you've had a very good range of replies and as several have asked.....why exactly are you serving a section 21 which in theory is causing you nothing but problematic concerns.
Put yourself in your tenants position...how responsive would you be in all honesty if you been served a no fault eviction without consultation (presuming that is the case).

Reply to the comment left by Graham Bowcock at 14/03/2023 - 12:06True re quiet enjoyment, but that is trumped by rights expressly reserved to L in the tenancy agreement. Ask nicely, then not so nicely, then apply for an (interim) injunction, if its that important.

Reply to the comment left by Julesgflawyer at 16/03/2023 - 14:16Good luck with that. If you are indeed a lawyer, I suspect you're basing a lot of that on theory rather than real-world experience of interim injunctions, specifically for potential future tenant viewings.

Reply to the comment left by Luke P at 16/03/2023 - 14:18
I am. And I have obtained interim injunctions for eg annual gas safety inspections for several registered social landlords in the past. It's not complex, but requires more familiarity with court rules and procedure than most private sector landlords will have.

Reply to the comment left by Julesgflawyer at 16/03/2023 - 14:25
As I thought...and why I wrote 'specifically' (for viewings). I wasn't questioning the complications of obtaining *any* injunction related to the PRS, but eking out that you (like so many lawyers) have little real-world experience in matters of theory upon which they comment. I'd be surprised if there has ever, in British legal history, been a single case of this being successful for viewings.

Reply to the comment left by Julesgflawyer at 16/03/2023 - 14:25
An injunction in relation to gas inspections allows the landlord to comply with his legal obligation to protect the tenant, neighbours and property from potentially serious hazards and is a completely different matter from forcing a tenant under threat of eviction to permit viewings for the landlord's convenience.

I think I am right in saying that in considering an application the Court is required to take a view on the balance between conflicting rights and adjudicate on the basis of what is reasonable in the circumstances. Please correct me if I am wrong.

Some interesting points so thank you all for the engagement. Let me respond directly to some of the questions / observations made so far.

“Why was the s21 served?”

This is an interesting question (and I sense the subtext!) because the whole reason a s21 exists (at least from my very basic understanding) is that it is a no-fault notice. So as long as I have observed all the legal requirements then there does not need to be a reason or am I wrong? I understand why tenants are uncomfortable with this type of answer but from a parity perspective tenants have served me notice of their intention to exercise a break clause without giving me a reason and I am always respectful of their decision. However, to keep the discussion going forward in a productive manner I can confirm that the notice was served legally and to my knowledge fully compliant with all the regulations. Nothing underhand is going on here. As to whether a s21 should exist at all, well that is for another thread.

“The tenants have a right to quiet enjoyment.”

I fully support this right and the agent has even suggested doing block viewings to minimise the disruption to the tenants. What concerns me here is that there are terms in the AST which are effectively not worth the paper they are written on. What other terms in a standard AST are there that can be so casually ignored? More importantly, who in their right mind would create / operate a business model where the core legal contract is so flimsy? Nevertheless, the tenants have made their intentions clear, and I must respect them.

“Think about this from the tenants’ perspective.”

I have and I can assure you that this has not come out of the blue. I consider myself to be a good landlord (don’t we all). I use a national estate agent to manage the property to ensure I am compliant with all the regulations and so that the tenants have a point of contact to raise any issues with the property. All the kitchen appliances and the overall heating system are covered by good quality warranties / insurance cover. I could go on. However, the actions of the tenants by refusing to allow viewings are not conducive to a good tenant-landlord relationship. Perhaps one could equally ask what should I conclude from this type of behaviour?

So let’s go back to my original questions:

What if anything can the agent do to ascertain the tenants’ true intentions?

Answer: “Nothing”

Is it inappropriate for the agent to remind the tenants of the consequences of failing to honour the AST.

Answer: “The terms in the AST in this regard are redundant. Why have them at all?”

What should I do now to prepare for a worst-case scenario where the tenant refuses to leave?

Answer: “Make sure the s21 paperwork is in order”

Are there any specialist firms that deal with tenant evictions.

Answer: “Yes – thank you for the suggestion, any others?”

Final thoughts: What have I learned? Once bitten, twice shy - I suspect landlords in general will have to become more cautious as the legal risks are now materially too great to ignore. How that caution will manifest itself I don’t know but it can’t be good for either landlords or tenants.