Entry to my currently let property - advice needed!

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  • Entry to my currently let property - advice needed!

    Hi,

    I am trying to sell a property I currently have rented.
    The buyer needs to allow a surveyor into the property to perform a valuation but my tenants are being VERY difficult, they refuse to accomodate the valuer unless they are BOTH at the property at the same time, but they work alternating shifts making it damn near impossible.

    What is the law in terms of entering the property? Can I serve them written notice that I wish to enter the property?

    Obviously I don't want to get sued, advice would be greatly appreciated.

    Thanks,

    John.

  • #2
    Originally posted by john.martin View Post
    but my tenants are being VERY difficult, they refuse to accomodate the valuer unless they are BOTH at the property at the same time, but they work alternating shifts making it damn near impossible.
    They may be being diffcult as you are trying to sell their home.

    Originally posted by john.martin View Post
    What is the law in terms of entering the property? Can I serve them written notice that I wish to enter the property?
    Tenant's have the right to quiet enjoyment; rightfully so, as it's their home during the tenancy. If you need access (for a valuation) then you will need their permission - they could simply refuse you access altogether. Work with your tenants (not against them) to find a mutually convenient date and time for an appointment.

    Note: Why not provide an incentive, e.g. offer a rent reduction for their final month?
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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    • #3
      An incentive could work.... I actually have a pretty good relationship with the tenants and the buyer of the property wants them to remain as tenants.

      I was looking more for advice on the legal aspects, are there and conditions upon which access must be granted?

      Comment


      • #4
        Originally posted by john.martin View Post
        An incentive could work.... I actually have a pretty good relationship with the tenants and the buyer of the property wants them to remain as tenants.

        I was looking more for advice on the legal aspects, are there and conditions upon which access must be granted?
        There are, but they would involve a court order. It's better to come to an agreement with your tenants for a time when your valuer can gain access.
        I offer no guarantee that anything I say is correct. wysiwyg

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        • #5
          Many let properties are sold subject to a 'no internal inspection permitted' condition- esp. at auction.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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          • #6
            Tenants don't actually have to give you any access to the property, whether any access is specified in the tenancy agreement or not, whether access is arranged in the proper way or not, etc.

            I had a thought that perhaps you could get a document drafted (contract ?) and signed by all to verify the buyer's intentions, provding the tenants provide access (perhaps more than once?) and also, that the sale completes.

            The tenants could then allow access only to that buyer's surveyor.

            Comment

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