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Landlords viewing rights vs tenants.
Sisyphus
Posts: 293 Forumite
A colleague has given notice to his current tenants. The tenants have refused to renew the the AST on a higher rent so he is looking to replace them. He feels he can achieve at least £50 pw more than they are currrently paying.
The current AST says that the tenant agrees to allow visiting rights in the last 6 weeks of the tenancy to the Landlord and his agent by appointment. He says that the tenant is being difficult and is refusing his agents access in their absence and only allowing visits in a 1 hour slot on Friday's and two 1 hour slots on Saturday's. They are citing quiet enjoyment and telling him to it's that or nothing.
Can they do that in spite of the agreement? I've told him that I think they can, but what recourse does he have? What are the relevant Acts to back him or his tenants up?
The current AST says that the tenant agrees to allow visiting rights in the last 6 weeks of the tenancy to the Landlord and his agent by appointment. He says that the tenant is being difficult and is refusing his agents access in their absence and only allowing visits in a 1 hour slot on Friday's and two 1 hour slots on Saturday's. They are citing quiet enjoyment and telling him to it's that or nothing.
Can they do that in spite of the agreement? I've told him that I think they can, but what recourse does he have? What are the relevant Acts to back him or his tenants up?
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Comments
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Sorry, but the tenants are right. Their offer of 3 hours per week for viewing is generous.
That extra £50 per week is starting to look smaller and smaller when set against the void he's going to have, isn't it?0 -
Alex_of_Swansea wrote: »What does the contract say? Ours says that if the landlord gives 24 hours notice, we must let her in. I'm not sure if this applies to agents, but if the tenats are being this difficualt, I'd be tempted to imspect the property before they leave to make sure nothing is damaged!
love the assumption on the damage fella...nice one
as for this difficult , they have offered two days out of 7 , and how much longer than an hour do you need for viewings ?0 -
Alex_of_Swansea wrote: »What does the contract say? Ours says that if the landlord gives 24 hours notice, we must let her in. I'm not sure if this applies to agents, but if the tenats are being this difficualt, I'd be tempted to imspect the property before they leave to make sure nothing is damaged!
He said it was just "by appointment" - no delays were mentioned. Funny I mentioned the state of the flat too, he says the agents said the quarterly visits were good - seems that money is the only dispute and they are standing their ground.
I believe he can only visit without their permission in an 'emergency'. Does showing new tenants around count as an emergency?0 -
Is this a joke ?
I hope it is for the sake of any tenants you may have
It's not, I'm a tenant myself, I think that's why he's asking me albeit belatedly. It's interesting trying to be devil's advocate on this one. Much as I like the guy however, I think he's a berk to get rid of good tenants. But his agent is confident he'll get more money.
I'm beginning to like his tenants more and more though.0 -
It's a very murky area - I suggest he reads the OFT guidelines:
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf
Even they are not clear simply referring to reasonable & unreasonable.
To be honest I doubt there's much he can do from a legal perspective in the time frame. If he or the agents start entering the dwelling without permission they leave themselves open to harassment or trespass actions.
Can he not oblige the tenants on this? After all I wouldn't want people traipsing in & out all day, especially when I wasn't there. If someone imposed this on me, I'd make sure the place smelt of kebab & stale beer all the time (in fairness it probably does)."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
I believe he can only visit without their permission in an 'emergency'. Does showing new tenants around count as an emergency?
No. Of course it doesn't! Emergencies are gas or water leaks, fires, that type of thing....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
He said it was just "by appointment" - no delays were mentioned. Funny I mentioned the state of the flat too, he says the agents said the quarterly visits were good - seems that money is the only dispute and they are standing their ground.
I believe he can only visit without their permission in an 'emergency'. Does showing new tenants around count as an emergency?
24 hours notice in writing is the legal minimum - anything else, even written in a contract, is not enforceable. However, it seems that the LL would still need the consent of the tenant even when providing notice.
Did you point out to him that the LA is on a nice little earner by getting him (£200 (?) from the tenants & one month's rent from him) to change tenants regularly & if he has good, regular paying tenants, they could well be worth more than £600pa in hassle. He's being taken for a mug."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0
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