Viewings at end of tenancy and during S21 notice period

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    Viewings at end of tenancy and during S21 notice period

    I have a tenant who is renting a flat under an assured shorthold tenancy. Has been renting for 6 years. The assured tenancy expires 1 August. I served a S21 notice under Covid few months back which gives him six months notice end of October. The assured tenancy makes clear that viewings are allowed in the last 2 months of the tenancy. Which expires next month - August.


    From 1 August to end of October does he have to allow viewings, if so how many?

    What if he goes on holiday can I access property?

    Can I ask him to not be present during viewings?

    Can agent take photographs for sale?

    What rights do he and I have, as I may want to let again or sell?

    Grateful for any help.


    #2
    Forget it IIWY. The place will be an unattractive tip until you get in there and tidy up.

    Comment


      #3
      I agree with JKO, I always wait for vacant possession before organising new viewings.

      Comment


        #4
        I agree with the above as a matter of practicality.

        To answer the specific question asked we'd need to see the exact wording.
        In a tenancy lasting that long there are likely to have been several tenancies and it can't have been envisaged that viewings would take place in the last two months of all of them.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          "withing the last 2 months of tenancy to permit LL or authorized person by LL to enter view the property with prospective tenants or purchasers, giving reasonable notice."

          I am more concerned as the tenancy expires soon but what happens in respect of S21 do all of the following apply and if so how?

          From 1 August to end of October does he have to allow viewings, if so how many?

          What if he goes on holiday can I access property?

          Can I ask him to not be present during viewings?

          Can agent take photographs for sale?

          What rights do he and I have, as I may want to let again or sell?

          Grateful for any help.

          Comment


            #6
            Why did you serve notice? Is he likely to want to help you out?

            Comment


              #7
              Originally posted by FOXGLOVE View Post
              "within the last 2 months of tenancy to permit LL or authorized person by LL to enter view the property with prospective tenants or purchasers, giving reasonable notice."
              From 1 August to end of October does he have to allow viewings, if so how many?
              First thing is that the tenant can decline any viewings that they want to and there's almost nothing you can do in practice about it.
              Second thing is that a viewing with the tenant's stuff in situ is never a good idea - I don't ever do it.

              Your notice doesn't bring the tenancy to an end, so you have realistically no idea when the "last two months" will be.
              What if he goes on holiday can I access property?
              Only with their agreement.

              Can I ask him to not be present during viewings?
              You can ask, but they don't have to agree to that.

              Can agent take photographs for sale?
              Only with the tenant's permission.




              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                "Your notice doesn't bring the tenancy to an end, so you have realistically no idea when the "last two months" will be."

                I don't understand. The tenancy ends 1st August the S21 notice was served a few months back and I think has a date sometime in October let's say 25 October, so what happens?

                Comment


                  #9
                  After 25 October you can apply to the court for possession. But there is a backlog of many months and your section 21 needs to be valid (check the flowchart here Section 21 flowchart - Nearly Legal: Housing Law News and Comment). It's best if you can work with your tenant. Do you think they will leave willingly? Have you asked them about viewings?

                  Comment


                    #10
                    The current Covid guidance is that viewings should only happen where the tenant is leaving the tenancy voluntarily, or has already moved out.
                    Housing advice: coronavirus (COVID-19) - Shelter England

                    Who know if that will change from Monday though.

                    Comment


                      #11
                      Originally posted by FOXGLOVE View Post
                      "Your notice doesn't bring the tenancy to an end, so you have realistically no idea when the "last two months" will be."

                      I don't understand. The tenancy ends 1st August the S21 notice was served a few months back and I think has a date sometime in October let's say 25 October, so what happens?
                      When the fixed term ends on 1st August, there are three possibilities.
                      1. The first is that the tenant moves out before midnight on 1st August, and then the tenancy will come to an end.
                      2. If the tenant doesn't move out, and the tenancy agreement provides for the tenancy to continue in that circumstance, the tenancy continues.
                      3. If the tenant doesn't move out, and the tenancy agreement doesn't provide for the tenancy to continue, the Housing Act 1988 automatically creates a new periodic tenancy, based on the terms of the current agreement.
                      Your notice on the other hand has no immediate effect.
                      It doesn't end the tenancy.
                      When it expires, it enables you to escalate the issue to a court which can enforce the notice and instruct bailiffs to remove the tenant and restore possession to you.
                      But the court could take some weeks (or longer) to hold a hearing on the matter.
                      And if there's something wrong with your notice (or you hadn't done something that is necessary in order to make it valid) you'll have to sort out whatever the problem is and serve notice again.

                      Less than two/thirds of possession claims are successfully converted into possession orders, so there's reasonable evidence that lots of section 21 notices are defective in some way (presumably lots of tenants move out when they get a court hearing date).
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Your 2 months notice making it clear of viewing means nothing.

                        Tenant can legally refuse.

                        Didn’t take long for this topic to reappear.

                        Comment


                          #13
                          There isn't a issue with the tenant as such, although who knows, just curious about the legal process. Had the tenancy expired on 1 August 2021 and no S21 notice had been served earlier I presume on 1 August 2021 I would have to give 2 months notice correct?

                          Now considering a S21 has been served a few months back the expiry date of that notice - 25 October 2021 supersedes the end of the tenancy agreement and on that date (25 October 2021) it all ends and he has to move out, correct? I get the sense you are saying that's not correct?

                          And between 1 August - 25 October does the 2 month clause for viewings apply or would it start again on 25 August - 25 October i.e the last 2 months of the S21 notice?

                          Finally there is nothing in the tenancy about photos etc so I guess it's up to him legally?

                          Comment


                            #14
                            Originally posted by Rach1990 View Post
                            Why did you serve notice? Is he likely to want to help you out?
                            Was told to do so as I mentioned to the agent I might want to sell, didn't ask why now worrying why?

                            Comment


                              #15
                              Originally posted by mokka View Post
                              Your 2 months notice making it clear of viewing means nothing.

                              Tenant can legally refuse.

                              Didn’t take long for this topic to reappear.
                              How so it's in the agreement? And what applies during the S21 notice because effectively the tenancy has ended on 1 August and he is on the S21 notice which I believe when issued was a 6 month notice

                              Comment

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