Showing possible new tenants around a property when notice has been given, Does the tenant have any rights to refuse?? Options

[Juls]

Hello,

My tenant has given in her notice and I am in the lucky position that I have three new possible tenants that wish to see the property, I have phoned and arranged several different times and dates, with both the tenant and the possible tenants, but the current tenant keeps cancelling, saying that she is ill.

Whare do I stand?? Obviously I dont want the property to sit empty nor do I want to loose to possible tenants!!

I am only in the first week of her two month notice!!

Can anyone help me??

Many thanks in advance!!

Juls

[Reg]

If you have a tenancy agreement in place,

you can show prospective tenants around yourself, but you have to give at least 24 hours prior notice and it should be with reasonable hours of the day.

I am personally at all viewings, even if the outgoing tenant says that they can show prospective tenants around, I refuse as I can normally get a "feeling" as to whether a person will be a good tenant (obvisously I have f*cked up in the past, but generally a gut feeling is a good indication.

So, if your property is close to where you live, tell the existing tenant you wil conduct the viewings, otherwise you're at the mercy of your existing tenant.

My outgoing tenant, got started getting shirty with me when I first started organising viewings, he said that the prospective tenants should understand that he is living there and it is often inconvinient, but I told him unfortunately, I have to conduct viewings when I can, but I make sure that I gave him 24 hours notice.

So don't pander to your outgoing tenant, you've got a property that could be empty for months if you don't watch out. I can of course understand that the last thing an outgoing tenant wants is strangers visiting the property, but life aint fair sometimes, get on with it, good luck

[GPEL]

On a note of caution, agreement or not, if the tenant says you can't enter the property, advance notice given or not, then if you do still go in you are trespassing.

[Selkirk]

Hi
Not disputing any of the above, good point worth noting.

When I had an outgoing tenant I had the same thoughts, it turned out that I was not able to start showing new tenants around until in the last month of the tenancy - with the out going tenants approval.

cheers
Selkirk

[Juls]

thanks for all the responses

She had a six month contract, and she has been in over a year.

She has been given at least 24 hours notice on the showings, even a week in advance and she is saying she is ill. That she says she will still be ill. She says I can not enter the property without her being there and of course I want to be there myself as the way she is being Im not sure what would be said or done by her!!

Im pulling my hair out she is becoming very argumentative and obstuctive. There is no reasoning with her!!

[Melboy]

Can you not refer her to the terms and conditions in her AST contract where it should state that you can show prospective tenants around when she has given notice to quit?

I would stand for no nonsense from a very uncooperative tenant that has no cause to give you such grief over a 10 minute visit.
Mel.

[Juls]

I hear you, and I have tried the easy approach, I have arranged times then she phones screaming and shouting that it is inconvenient and I have no right to enter the property, without her there and that she refuses to be there at that time!!

She has been told that she is in breach of her contract, but my dilema is that I dont want to arrange an appointment even with over 24 hours notice if she is not there and then Im back to square one again.

Can I threaten her with anything?? What would your next step be?

Thanks again for your help

[Chestnut]

Never mind what the AST says - having attempted to do what you should be permitted to do I would be patient (others won't agree!) and wait for this awkward tenant to depart 'in peace' and then show prospective ones round your empty property at first vacant opportunity.

Apart from being 'ill' departing tenants can have all sorts of issues (like don't walk on the carpets they've just shelled out to have professionally cleaned for you etc. - it's happened!)

An upset departing tenant can cost you money if they decide to trash the place, leave their rubbish, etc. etc.

After over a year it's worth a week or two's lost rent, surely? ....and gives you a chance to inspect and rectify any problems while the property's empty.

[Fyldeboy]

The clause in the TA can only be enforced following a court order as the current tenant has a right to "quiet enjoyment" of the property - indeed, while they legally occupy the property tenants have a "legal estate" in the property and a right to treat the premises as their own. Essentially this means ANY entry onto the premises without the tenants specific permision is trespass.

Of course, most tenants are happy to allow workmen in and understand a landlords desire for regular inspections of his valuable property. However, relationships can become a little tense sometimes, especially as a tenancy draws to its end.

I presume T is on a periodic tenancy, and therefore has given you more notice than necessary - you are only entitled to 1 month. Maybe you could regard ANY viewings you manage to agree in this time as a bonus and concentrate your efforts on finding a new T in the last month. Maybe by the time that final month comes around, T will be feeling better. Certainly, if you can ease the pressure she might be more ameniable to viewings.

[odecar]

Despite the desire to show the tenant around it does rely on the goodwill of sitting tenant. Wait and then show around............I don't like it but sometimes its all you can do.