Letting agent obstructing viewings

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    Letting agent obstructing viewings

    Hi,

    We have a property which is managed by an agency. They have informed us that the tenants have given notice to leave by start July. We requested the agent start marketing immediately and also informed them that we would also be marketing the property ourselves. We have requested permission to view the property (accompanied by a potential applicant) and also the tenants contact details.

    They have refused saying the tenant does not want to give their telephone number, they have then said the tenant is too ill to have a viewing (but in the same breath have told me she is refurbing the property they are due to move into). The latest is that the tenants are on holiday for 2 weeks and have resolutely denied me access.

    Is this possible? Any ideas on how I can approach this.

    Thanks

    Sam

    #2
    Originally posted by sjcollett View Post

    Is this possible? Any ideas on how I can approach this.

    Thanks

    Sam
    All of it is possible, but unlikely.
    Why not go and see the tenant yourself?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      the tenant CAN deny access - whether they have is another matter
      I would also think that the agent is working for you and you have a right to this info
      Unshackled by the chains of idle vanity, A modest manatee, that's me

      Comment


        #4
        Don't forget that the actual contract for the property is between you and the tenant, the agent merely works on your behalf. Try writing a letter to the tenant if the agent won't give you their details, although i'm not sure if they can refuse legally?
        <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

        Comment


          #5
          The tenants have been there 3 years. i have never had any issues, and I have never had a tenant refuse access before (but then i manage 95% of my properties)

          We have a clause in our AST that the tenant must allow access for viewings in the last month when they have given notice, and to be honest it has never even been an issue before.

          Didn't want to upset anyone, so was just trying to find a nice and convenient way to meet everyone's needs! I am rather put out that they seem to be able to go off and live somewhere else and I am unable to view the property to show anyone else who may want to live there until they have vacated.

          Comment


            #6
            You may have a clause in your AST but it is worth very little. You cannot enforce access without a court order. The tenants can (and often do) refuse.
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              The property is effectively T's for so long as the existing tenancy is running- that's why T's liability for rent continues.
              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).

              Comment


                #8
                Originally posted by sjcollett View Post
                The tenants have been there 3 years. i have never had any issues, and I have never had a tenant refuse access before (but then i manage 95% of my properties)

                We have a clause in our AST that the tenant must allow access for viewings in the last month when they have given notice, and to be honest it has never even been an issue before.

                Didn't want to upset anyone, so was just trying to find a nice and convenient way to meet everyone's needs! I am rather put out that they seem to be able to go off and live somewhere else and I am unable to view the property to show anyone else who may want to live there until they have vacated.
                They are entitled to refuse access until they leave, but it just seems unlikely that all these things have happened consecutively.

                Why not go and see the tenants yourself?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  property is 200 miles away...

                  Will write a letter and see how I get on

                  Thanks for opinions and thoughts

                  Comment


                    #10
                    Originally posted by sjcollett View Post
                    We have requested permission to view the property (accompanied by a potential applicant) and also the tenants contact details.

                    They have refused saying the tenant does not want to give their telephone number, they have then said the tenant is too ill to have a viewing (but in the same breath have told me she is refurbing the property they are due to move into). The latest is that the tenants are on holiday for 2 weeks and have resolutely denied me access.
                    The fact that they are withholding the T's phone number, together with the range of excuses, strongly implies that they are trying to prevent you finding your own tenant because they'd lose their finder commission. I would firstly write to the tenant asking for their phone number/asking them to call you. I would also examine your contract with the agent to see how it can be terminated - then give whatever notice necessary and find a new agent prepared to act in tandem with you rather than trying to obstruct you.

                    Comment


                      #11
                      I agree. Too often we read about headstrong Letting Agents who forget that:
                      a. L is their principal;
                      b. they are L's agents; and so
                      c. L is in charge, but they are not.
                      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).

                      Comment


                        #12
                        Yes, I had wondered as much and your thoughts echo mine!

                        Comment

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