Tenants not in for pre-arranged viewing

Leew1231

Hi Guys, just a bit of advice if you will please.

I am in Australia for work, I have a house in the UK. I am contributing quite a bit to pay for the mortgage even with having tenants in. The tenants have given notice to leave in approx 3 weeks now (they did give the full notice so no problems there) so I have put it up for sale.

Anyway, we have had interest very quickly. A potential buyer wanted to view it so they asked for a visit on Sunday, tenant couldn't do Sunday so they re-arranged for Monday night.

The viewer went and the tenant wasn't in. They got there 5 mins before the agreed time, and waited for 25 mins.

Now it may be that something urgent came up, or a misunderstanding of the time. But I don't want this to happen again. I could have lost a potential sale.

My question is, am I of the right (provided i give them notice) to send someone with a key to any viewings that have been arranged with the tenant, and if they're not in that person then let in the viewers to have a look?

What would you guys do? I am a first time landlord, only did it in case I came back from Australia quickly if it didn't work out. I don't want to be harsh on them, but I need them to be fair too. The AST says they must allow viewings for re-let or sale with reasonable notice during the last 2 months of the tenancy, but it doesn't advise of any potential penalties other than 'reasonable costs' on them for failing to keep this side. I realise a potential loss of sale is not reasonable costs, but what would be?

Has anyone been in this situation before?

Fire_Fox

This issue has come up many times, please run an advanced search. The tenant has the right of quiet enjoyment of their own home right up to the day they move out, the tenancy agreement does not trump this right, certain clauses are deemed unfair or unenforceable. You can give the tenants notice IN WRITING of a visit but they can refuse.

You should not give anyone a key to enter their home and you cannot enforce any penalty. Sorry but your personal/ financial situation or needs are totally irrelevant, you are a landlord so should behave in a professional manner. If your letting agents have advised you badly and recommended clauses that breach your tenants rights you must complain to them.

Leew1231

No letting or estate agent has told me to do that, I have just had a read of the agreement as I thought there was a clause regarding re-let or sale of a house. In fact the letting agent don't tell me anything, they are awful which is probably the main reason I am selling!



I came across this which I felt satisfied my needs so put it up for sale with the tenant still insitu.

There are other clauses which advises reasons for entering provided as you say written notice is given.

So in light of this recent problem, my maybe plan was to agree a mutually convenient time to visit a few days in advance. Then drop a letter (notice) in the door (the agreement says it can be posted through the letter box, no need to post via Royal Mail etc) confirming the conversation and actions and that in the case of non attendance in we go. It does give scenarios where I am allowed to go in provided I have given 2 days notice. Although unfortunately selling the house isn't one of them!

I guess in reality I am probably best waiting until they move out. I just don't want it empty over Christmas and winter so feel an urgent need to get it sold.

Fire_Fox

You should have taken a template AST from a reputable website or landlord's association. This is a legal contract which does NOT trump the tenants rights as laid out in the legislation, you cannot just make it up as you go along. Unfortunately for unprofessional landlords certain clauses are deemed unfair or unenforceable, as one of the regulars complained recently "I stated in a AST that my tenant had to make me Sunday dinner every week and also wash my car. She only made me dinner about once a month and only ever washed my car the once!"

Leew1231

This isn't a clause i've made up, this is from the AST provided by probably the largest letting agent in the UK!!

Regardless, I have taken your advice and read through past posts and threads. It seems there are a whole host of reasons why it is easier to sell without a tenant. They move out on 15 October so it isn't that long away.

PS. that clause you quoted was made up right?!!

jonnyd281

theartfullodger wrote: »

You hope they leave 15 Oct: But may not.

It is their home, their property whilst there is a valid tenancy, even if no rent paid, merely your investment. Your mortgage problems are yours, of no concern to tenant.

Cheers!

I would have thought that since the tennants gave notice to leave they would be, however, given another thread on here recently...

Werdnal

Have you thought of offering the tenants an incentive to "market" your property for you? Why should they put themselves out to be availbale to show prospective buyers around on your behalf, regardless of the clauses in the tenancy? They may have had an emergency and had to go out at short notice - !!!! happens in life, and if I had some personal crisis, I'm afraid your "pre-arranged" viewing would take second billing to any problem I had to deal with!

Perhaps you could offer them a reduction/refund a portion of their last month's rent to make it worth their while providing this viewing service for you? Money talks!

TBH, selling with tenants in situ is never a good idea - they could be telling your prospective viewings that its a terrible area, anti-social behaviour every night, horrible neighbours etc - believe me, been there, done that. You may find it much easier to wait until the 15th and see if they go, then market empty for a quick sale. You also don't know what state they will leave the place in, which in itself may put off any buyers!

jjlandlord

Fire_Fox wrote: »

The tenant has the right of quiet enjoyment of their own home right up to the day they move out, the tenancy agreement does not trump this right, certain clauses are deemed unfair or unenforceable.

It's also been commented many times that a clause for viewing means that the tenant gives permission for access. This does not breach quiet enjoyment unless enforced unreasonably by landlord.

GDB2222

Fire_Fox wrote: »

This issue has come up many times, please run an advanced search. The tenant has the right of quiet enjoyment of their own home right up to the day they move out, the tenancy agreement does not trump this right, certain clauses are deemed unfair or unenforceable. You can give the tenants notice IN WRITING of a visit but they can refuse.

You should not give anyone a key to enter their home and you cannot enforce any penalty. Sorry but your personal/ financial situation or needs are totally irrelevant, you are a landlord so should behave in a professional manner. If your letting agents have advised you badly and recommended clauses that breach your tenants rights you must complain to them.

This has come up many times before, and the correct legal interpretation is far more complicated than that. The landlord has a right of inspection, which he can delegate, for example. There is also the right in the tenancy agreement.

If the tenant does not agree to viewings, then the LL will have a longer empty period, and the costs associated with that (mortgage interest and Council Tax for 3 weeks etc) can be billed to the tenant.

My advice is to sort this out by agreement with the tenant, who needs a landlord's reference after all.

However, the tenant can change the locks and the landlord cannot just break in. If the tenant does NOT change the locks, then there is nothing to stop the landlord letting prospective buyers in in accordance with the tenancy agreement, provided adequate notice is given and the LL takes full responsibility - for example if things go missing. Bear in mind that the tenants have no obligation to keep the place looking lovely for viewings.

G_M

As said, a complex legal area - not worth arguing over. The two PRACTICALsolutions are either

1) wait till they've left, clean the place up, then market it for sale or

2) negotiate with the tenant (ie rent reduction as suggested etc) and agree a viewing time-frame (eg weekends only or whatever tenant is happy with) and proceed with full co-operation.

Enforcement of clauses/rights (whether legally valid or not) is not the answer.

Ivana_Tinkle

Just wait until they've gone and show potential buyers a nice, clean, chain-free property. Even if the tenants are amenable to viewings, they're not going to tidy up and clean in the same way as a home-owner selling their own home would (well, most homeowners anyway...), and IME that kind of thing makes an enormous difference - most buyers really can't see through that stuff. In any case, you don't really want viewings with the tenants hanging around making the place feel crowded.