Looking to sell as a result of high interest rates and just reviewed out open rent contract and it states below:
9.42. To permit the Landlord, and any superior landlord, or the Landlord’s employees/agents at all reasonable times after giving the Tenant at least 24 hours’ notice (except in an emergency):
to enter and view the Premises with any prospective future Tenants or purchasers during the last 60 days of the tenancy.
Q1: Can the tenant refuse access if 24hr hour notice is provided
Q2: What if the tenant insists on being there but that does not work with the viewing times - what happens from there
Q3: What happens if they just refuse to give access - what can you practically do (other then court process which unfortunately is not practical or preferred)
Ideally would not list while tenants are there unfortunately the timing of when the mortgage comes out - makes it not possible to have the luxury of time.
Thank you for your input in advance … just trying to manage the best of what I have.
If a tenant is refusing access there isn’t a lot you can do other than start the process for possession of the property asap. A landlord needs to be very careful that a tenant does not allege harassment against them. Statutory law always trumps contractual law and tenants have a lot of legal rights, what is written in the contract is not enforceable.
Q1 - yes the tenant can refuse access to a landlord or their agents, they have a legal right to quiet enjoyment of the property.
Q2. - the landlord must cooperate with the tenants request if the tenant insists upon being present during viewings.
Q3. If the tenant refuses access to the landlord or their agents, you would need to obtain an injunction from court for access or issue a section 21 to start the eviction process. I understand that you note that court is not practical or preferred for you, but court is the only legal way otherwise you may be accused of harassment by the tenant which is an offence and could affect the possession process if the tenants choose to stay. You could offer a money incentive to the tenant for them to facilitate viewings or a lump sum for them to sign the papers to surrender the tenancy.
I would suggest using a specialist eviction firm to carry out the possession process for you, the road to possession can be stressful and long, a specialist firm can take the stress out of it.