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Question Title: Access to a property for viewing
| Question: 38 |
| We act as agent for the landlord who wishes to sell his property. The tenant has been served with the appropriate Section 21 Notice and is in the last two months of her tenancy. In addition, the following two clauses are included in the tenancy agreement: 'That the landlord or any person authorised by the landlord may at any reasonable times of the day on giving 24 hours notice (unless in the case of an emergency) enter the property for the purpose of viewing, inspecting its condition and state of repair or for the purpose of repair or repainting', and 'Within the last two months of the tenancy to permit the landlord or any person authorised by the landlord at reasonable hours in day time to enter and view the property with prospective tenants or purchasers' The tenant is refusing access to the property for viewing purposes unless she receives 24 hours notice. Where do we stand?
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| Answer: |
| Despite the clauses that you mention, the tenant still has a right to quiet enjoyment of the property – a right that is implied into all residential tenancies by law unless specifically excluded. This right entitles the tenant to have reasonable notice of entry under the second clause despite the fact that the landlord or the landlord’s agent has a general right of entry in order to conduct viewings. Reasonable notice in this situation is generally considered to be 24 hours (unless a prior arrangement has been agreed). Agents and landlords should also bear in mind the possible consequences of a harassment claim if the tenant’s rights to ‘quiet enjoyment’ are not upheld. It is probably more beneficial for both parties to respect the 24 hour rule and to come to some form of mutually agreeable time.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 3 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 21 |
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factsheet-21
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For more information, discuss on the Forum
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Possession Issues