Tenants refusing access

Word_1503

[COLOR=rgba(0, 0, 0, 0.701961)]History: Our tenants have notice last year that they wish to move out early, we agreed & said we had decided to sell anyway. [/COLOR][COLOR=rgba(0, 0, 0, 0.701961)]We said they could stay on until they had found somewhere else (wanted cheaper) while we marketed house. They then said they would stay until tenancy ran out - we said that's fine, we'll notify any buyer. We now have a buyer & are in last couple of weeks of tenancy. Tenants still haven't found anywhere. We did give official notice informing them of last day of tenancy. [/COLOR]
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[COLOR=rgba(0, 0, 0, 0.701961)]We aren't worried that they won't leave, they will, but they are refusing to allow agent & buyer access to carry out a couple of checks & access for surveyor. [/COLOR]
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[COLOR=rgba(0, 0, 0, 0.701961)]We've stated part of agreement that says in last month of tenancy we can have access at any time with 24 hours notice. But they say that 'means during working hours'. It doesn't so if the buyer is only available at weekend then they need to find a convenient time that suits, don't they? [/COLOR]
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[COLOR=rgba(0, 0, 0, 0.701961)]We aren't asking them to vacate, they can be present if they wish. We aren't asking them to clean & we aren't asking to them to do anything they don't want to. [/COLOR]
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[COLOR=rgba(0, 0, 0, 0.701961)]We do feel that they are being unreasonable by not finding 30 minutes over weekend when buyer can visit. Are we right? [/COLOR]

libf

You need to sort the tags out on your post...

Word_1503

Our tenants have notice last year that they wish to move out early, we agreed & said we had decided to sell anyway.
We said they could stay on until they had found somewhere else (wanted cheaper) while we marketed house. They then said they would stay until tenancy ran out - we said that's fine, we'll notify any buyer. We now have a buyer & are in last couple of weeks of tenancy. Tenants still haven't found anywhere. We did give official notice informing them of last day of tenancy.

We aren't worried that they won't leave, they will, but they are refusing to allow agent & buyer access to carry out a couple of checks & access for surveyor.

We've stated part of agreement that says in last month of tenancy we can have access at any time with 24 hours notice. But they say that 'means during working hours'. It doesn't so if the buyer is only available at weekend then they need to find a convenient time that suits, don't they?

We aren't asking them to vacate, they can be present if they wish. We aren't asking them to clean & we aren't asking to them to do anything they don't want to.

We do feel that they are being unreasonable by not finding 30 minutes over weekend when buyer can visit. Are we right?

Word_1503

I know I don't know what happened. Hence the reply

AdrianC

Whether you're right or not is pretty much irrelevant.

Until the tenancy fixed period expires, you'd need to mutually agree with them for the tenancy to be terminated early.

After that, you can issue them with an s21 - providing all the various prerequisites are met - and, at the expiry of that notice period, if they haven't left, you can then start eviction proceedings.

Let's hope that your buyer doesn't get bored and wander off in that period, eh? This is why you don't try to sell a place with tenants in situ.

HappyMJ

Word_1503 wrote: »

Our tenants have notice last year that they wish to move out early, we agreed & said we had decided to sell anyway.
We said they could stay on until they had found somewhere else (wanted cheaper) while we marketed house. They then said they would stay until tenancy ran out - we said that's fine, we'll notify any buyer. We now have a buyer & are in last couple of weeks of tenancy. Tenants still haven't found anywhere. We did give official notice informing them of last day of tenancy.

We aren't worried that they won't leave, they will, but they are refusing to allow agent & buyer access to carry out a couple of checks & access for surveyor.

We've stated part of agreement that says in last month of tenancy we can have access at any time with 24 hours notice. But they say that 'means during working hours'. It doesn't so if the buyer is only available at weekend then they need to find a convenient time that suits, don't they?

We aren't asking them to vacate, they can be present if they wish. We aren't asking them to clean & we aren't asking to them to do anything they don't want to.

We do feel that they are being unreasonable by not finding 30 minutes over weekend when buyer can visit. Are we right?

They've offered access during working hours. I take that as meaning from Monday to Friday within the hours of 9am to 5pm.

Your request is not unreasonable but then neither is their response. The weekend is probably the only time they have in which to enjoy the property that they pay for. They don't want their weekends interrupted.

You either work with that or ask them to leave.

fed_up_and_stressed

You can't have your cake (ie rent) and eat it (expect free access at times convenient to you) as well.

Either you allow the tenants the "quiet enjoyment" they are entitled to or you and you agree to their (in my opinion) reasonable response

Or you wait till they leave and then you can get access when you want.

Or third option .. Agree to knock off some of their rent if they agree weekend access.

Up to you.

Word_1503

I guess it depends on what we class as an 'interruption' then.

If the sale falls through then it will cause them more interruption as we go through the remarketing & viewings again. We aren't in a hurry to sell though & realise it will probably sell quicker when they aren't there

Word_1503

I really don't think it's a matter of having our cake & eating it. I'm suspecting though that given they have asked for their deposit back early & we said no, they are just being a bit awkward.

It's interesting though to hear what people do regard as 'reasonable' & I guess something that perhaps needs clarifying in future contracts. If for any reason, the shoe was on the other foot, I wouldn't mind carrying on with my day/weekend & letting the agent do what they need to do.

fed_up_and_stressed

Word_1503 wrote: »

I really don't think it's a matter of having our cake & eating it. I'm suspecting though that given they have asked for their deposit back early & we said no, they are just being a bit awkward.

It's interesting though to hear what people do regard as 'reasonable' & I guess something that perhaps needs clarifying in future contracts. If for any reason, the shoe was on the other foot, I wouldn't mind carrying on with my day/weekend & letting the agent do what they need to do.

No they are not being awkward, they are expecting the right of quiet enjoyment their lease allows them. To be honest they don't even need to allow you or your agents access during the week.

pmlindyloo

You say that they are in the last couple of weeks of the tenancy and you gave them official notice. Does that mean that you have served them with a Section 21?

If you haven't then please don't rely on them leaving when they say. As it stands they have already reneged on one agreement - to leave early. if they haven't found anywhere to live yet the chances of their doing so by the end of the tenancy agreement are slim, IMHO.

Issue the section 21 and then be prepared to take them to court to evict. It could take a few months. It is in your interest to do this properly as any delay will probably mess up your sale.

As regards the viewing then, as already said, you cannot ultimately force them to allow someone in without taking them to court. Yes, they should be abiding by the contract but how are you going to enforce it?

Compromise is the only way to go. You need to give them a call and try to agree a time during working hours for the surveyor and agent to visit. If the buyer cannot do during the week then they will have to wait until the property is empty.

Perhaps a little sweetener in the form of £50 off their rent (or cash/gift) in gratitude for their cooperation might be worth a go.

This might go against what your tenants should be doing but often in these cases it is best to go the least confrontational route to achieve what you need.

Edit Just seen your latest post - why not give them their deposit back early? they might be waiting on this to get their next property. it's a risk but may be worth taking - perhaps after you have 'popped in' to see if there is any huge damage?