can't get in touch with outgoing tenants to arrange viewings

fyang5

Hi,

My current tenant had decided to move out in mid December after nearly 18 months. Having put out some adverts for the flat, I've been getting heathy amount of interest, however the problem is that I can't seem to get in touch with the tenant to arrange any viewings...

The last time I saw my tenant was last Monday, when he said that he was happy for me to show the flat to people. He because totally unreachable for the rest of that week, and when I managed to get to the flat, his partner told me that he had gone abroad for 2 weeks. She did give me her number though, and told me to just call her if people wanted to view the property. But her phone seems to have been off ever since that day...

I've spoken to various people from a few estate agents and getting conflicting advices: one told me that as long as I had given them notice (e.g. left voicemail), I would be able to take people to view the flat after 24 hours if I didn't get any responses; another one said that without agreement from the current tenant, I had no legal right to enter the property at all.

Can anyone please confirm what exactly can I do in this situation? I don't particularly want things to turn nasty, but it's frustrating that I have a list of people wanting to view the property but there is nothing I can do. The best plan I can come up with so far is to just drive to the flat again and again until I manage to catch them home again, which isn't really much of a plan to be honst...

Thanks in advance for any help!

P.S. the relevant point in the contract states, under the tenant's obligations:

To allow the landlord or anyone with the Landlord's written permission to enter the property at reasonable times of the day to inspect its condition and state of repair, carry out any necessary repairs and gas inspections, and during the last month of the Term, show the Property to prospective new tenants, provided the Landlord has given 24 hours' prior written notice (except in emergency).

BitterAndTwisted

Why are you phoning if the contract specifically states that the tenants should have at least 24 hours written notice? Even having given them their appropriate notice they are not obliged to allow you access at any time.

Write! Offer them an inducement for their kind cooperation!

lynzpower

The best plan I can come up with so far is to just drive to the flat again and again until I manage to catch them home again, which isn't really much of a plan to be honst...

No it isnt! Dont do this, it is not likely to improve comms between you.

They don't have to let viewers in by the way, you do know this, dont you?

Jowo_2

The clauses in an AST can't over-ride the tenants statutory right in housing law to 'quiet enjoyment' of the property. You need to give notice AND gain consent.

Eton_Rifle

Without the tenants consent, you absolutely cannot arrange viewings no matter how much notice you give.

Since they're clearly not going to gladly give consent, I'd just leave it until they move out because the odds are they'll wreck the viewings anyway even if you offered some inducement.

I had this done to me - apparently compliant tenants allowing viewings but bafflingly, no takers despite 18 viewings. I sent in a friend and of course, I discover the tenant is deliberately deterring the viewers.

After they moved out, I was left with a property that people now thought had something wrong with it because it had been on the market for a month so then of course I started getting lower offers.

tbs624

Property is the current T's home for the duration of the tenancy and if he refuses you access your only real option is to go to Court Anyone can set themselves up as a Letting Agent, possessed only of a few quid and a head full of ignorance. Don't even consider letting yourself in to the property

If you get pushy about it you may find that the property smells strangely of cabbages and kippers and is presented in such a way that any potential T may be very unlikely to take it on.Write and *ask* for some times/dates which would be convenient for the current T.

fyang5

Thanks for the quick responses! I guess it's clear now that the estate agent who told me that I can enter without waiting for consent didn't really know what he was talking about...

The confusing thing is, when I spoke to the tenant and his partner face to face, they were all very nice and seemed happy to have people coming to view the property. It's only when I get to the phoning part when they just disappear off the face of the earth.

From what I can see, they shouldn't against having people viewing, and they aren't even in the flat most of the time. But I suppose there still isn't much I can do then, other than waiting. I will put something in writing as well, but not putting much faith in that either.

<sebb>

fyang5 wrote: »

The confusing thing is, when I spoke to the tenant and his partner face to face, they were all very nice and seemed happy to have people coming to view the property. It's only when I get to the phoning part when they just disappear off the face of the earth.

They probably are willing to allow viewings but have one of those things called lives. He's on holiday at the moment, and I can assure you the last thing he's thinking about is sorting out your viewings so you don't have a rental void.

Ask very nicely if they mind you going round when they are not in. Many people won't allow this (I wouldn't) but I know lots of people that don't mind this.

Otherwise, you'll just have to wait for him to get back from his holidays.

lynzpower

Thanks for the quick responses! I guess it's clear now that the estate agent who told me that I can enter without waiting for consent didn't really know what he was talking about..

.

Clearly not!

f they are a member of Arla you might want to give arla a quick ring and let them know

G_M

The contract says: write.
Statute law says: get consent.

So write and ask for consent. Ideally get written consent, whether it be for a specific viewing or a general consent that you can go round with a key anytime, or 'between 4 and 6 on weekdays' or whatever.

Once you have (ideally written) consent, you are OK. If not, you'll just have to wait till they leave.

lynzpower

So write and ask for consent. Ideally get written consent, whether it be for a specific viewing or a general consent that you can go round with a key anytime, or 'between 4 and 6 on weekdays' or whatever.

Umm really?