Serving Notice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Serving Notice

    Hi

    Just a quick question about serving notice and our right to viewing the property.

    In our letting agreement it says that the tennant must allow at reasonable times of day and with 24 hours notice - the house to be viewed in the last weeks of the tennancy agreement.

    We are putting our tennants on notice this week with a view to selling the property (it'll actually be about 3 months notice as we have just missed the deadline for this month as per section 21 of the housing act) - does that mean they have to allow access for viewings as soon as notice has been served as they are then within the "final weeks" of their tennancy - or is there some set time period over which these "final weeks" apply?

    Cheers

  • #2
    I believe they can refuse entry if they choose
    Im sure I read on here saying that despite it being commom in contracts it's unenforceable

    Comment


    • #3
      Originally posted by house275 View Post
      I believe they can refuse entry if they choose
      Im sure I read on here saying that despite it being commom in contracts it's unenforceable
      Wouldnt that make drawing up a contract pointless?

      Comment


      • #4
        Sorry not my advice I'm just repeating it

        I will try to find the post it was in for you

        Comment


        • #5
          http://www.landlordzone.co.uk/forums...ead.php?t=5814

          Comment


          • #6
            I haven't ploughed through the whole thread but essentially I think it is the case that clauses allowing LL non-emergency access (eg for viewings) are enforceable, but only via a court order...by which time T will probably have moved out anyway. Hence the need for goodwill.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment

            Latest Activity

            Collapse

            • When do tenants' requests go too far?
              Suzy76
              Tenants moved in at the beginning of the year and have issued a stream of requests/demands since then, the main ones being

              - After signing the contract but before moving in, requesting that I change the wallpaper in one room as they decided they didn't like the colour
              - Asking to...
              12-07-2017, 16:46 PM
            • Reply to When do tenants' requests go too far?
              Landlord1206
              If you trust the tenant I would allow them to decorate upon approval. To agreed specifications and at THEIR EXPENSE. This improves the property and keeps them happy. I have had this happen, new paint colour in lounge. More difficult in your case with a new tenant so I would have said wait and see....then...
              23-08-2017, 11:18 AM
            • Private letting advice
              xNicolex
              My partner and I have recently moved into a private let with our 7 month old son.
              now the flat was in a right state when we moved in - bathroom hadn't been cleaned, kitchen was a mess, oven absolutely caked in grease from the previous tenant (it still is, I refuse to clean it so I'm just not...
              23-08-2017, 08:28 AM
            • Reply to Private letting advice
              xNicolex
              Wannadonnadoodahl - a few of the issues were noticeable when we moved in, however the landlord reassured us they would be dealt with within a week or two, its now been 6 weeks

              JK0 - we aren't on any benefits, we both work and have been full rent of £150 a week, which feels like robbery...
              23-08-2017, 11:05 AM
            • Reply to Private letting advice
              Landlord1206
              Not sure if you have a gas cooker or not. Either way, please check that you have a valid Gas Safe certificate. You do not mention the boiler but given the other issues, I hope this is safe for you.
              You may wish to ask for a PAT on any electrical items.

              Not sure why you moved in given...
              23-08-2017, 11:02 AM
            • TT not leaving
              johnson13
              A friend of mine (LL) rents his property through an agent and has asked them to get the tenant out as he's coming back to live in it. The agent served a S21 notice which is due to expire soon (we'll check, but for the purposes of this post assume that everything has been served correctly and the notice...
              23-08-2017, 09:00 AM
            • Reply to TT not leaving
              Darth Wookie
              The tenant may be 'morally' in the wrong, but is legally in the right. They have no outright legal obligation to leave at the end of the tenancy agreement, which can only be truly ended by the court. In essence, the court are the 'adjudicators' of the contract and decide whether to enforce it or not....
              23-08-2017, 09:43 AM
            • Reply to TT not leaving
              jpkeates
              The current tenancy continues until the landlord has recovered possession (or the tenant serves notice) so there's no danger of a new one coming into being accidentally .

              The tenant is awarded costs if they lose, which is pretty standard in legal cases. If the landlord loses the case, the...
              23-08-2017, 09:38 AM
            • Reply to TT not leaving
              johnson13
              Ok, thanks. This seems to imply that the tenant is in the wrong by not leaving then.

              The notice might as well say, "you don't have to leave when this notice expires, but you'll have a large legal bill if you don't."



              Thanks again.

              Is this...
              23-08-2017, 09:19 AM
            • Reply to TT not leaving
              jpkeates
              The landlord can carry on accepting rent, which is due until the tenancy ends.

              The tenant has every right to stay, as the landlord's notice doesn't actually end the tenancy. To bring the tenancy to an end, the landlord will need to go to court. If the landlord is successful, the tenant...
              23-08-2017, 09:12 AM
            Working...
            X