I have a tenant who has been exceptionally dirty. So much so that it has been impossible for me to show the property to other prospective tenants. He has left a week early but flat refused to let me in to show the property.
The cleaners went in yesterday but he has not replied to my email asking for access.
I will have a void period. Is this something I can claim back from his deposit?
Thanks in advance.
No of course not. He is within his rights to exclude you from the property.
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When you say he’s left a week early, did he pay rent until the end of the period or withhold that final week from you? If he paid it, it’s up to him to leave when he wants. I assume you know he has finally left or you wouldn’t have sent cleaners in. If that’s the case, then you have access, so I’m not sure what you mean there.
What condition does your inventory say the property was in when the tenant began his tenancy? If you need to restore it to that, and your tenancy agreement states that he should clean to the standard he found the place in, then you can deduct the cleaners’ fee. He might challenge that via the deposit scheme though so make sure you get lots of photographs and receipt for cleaning services.
Although in situations like these you can’t show applicants around, if your property is popular, you can always show them photos from previous inventory so that they can decide if it’s for them or not. You can then also ask them for all the background info and begin screening them. You could even pay for referencing/credit checks if you’re sure they really want the property. Then you simply tell them when the property will be available from. Don’t sign any contract though until the property is actually vacant. That way, you minimise any void despite the tenant not cooperating.
Hi David,
Thanks for your quick reply. It is not in line with my open rent contract which states the following:
Regarding access to the property:
- to enter and view the premises with any prospective future tenants or purchasers during the last 60 days of the tenancy”.
What are your thoughts on that?
The contract states “to permit the landlord or any superior landlord at all reasonable times after giving the tenant 24 hours notice.
Hi tatemono,
Thanks for your helpful information. I will use my photos to show people in the meantime and look to do those things you mention.
Thanks, Jane
That may well be so. I think what David meant was that it’s his right to disregard his tenancy agreement and prevent anyone from accessing the property. You then have a legal right to pursue him for this, but not to demand or force entry nonetheless.
Its a contractual right, but it doesn’t trump the tenants statutory right to quiet enjoyment. The tenant can refuse and the deposit scheme won’t award you compensation for that.
Thanks for this information David. Where can I read about the legalities of this? Do you know?
Having checked, the right to quiet enjoyment is actually common law, so may only be detailed in legal text books. Its a covenant implied automatically into every tenancy. You may get a sense of it by googling though.
The cleaners went in , but you did not???
My tenant paid for professional cleaners yesterday. He knows he has left the property in a very dirty and poor state and is endeavouring to make it better. I do not yet know if that has been achieved.
He has left the property but still refuses to answer my requests to enter. His contract ends on the 14th.
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when you say “his contract ends” what exactly do you mean? I assume this is not in response to you serving a S21 so did he serve you the correct notice? Has he signed a deed of surrender? You said he had left a week early, which implies he has actually vacated now. Did he give you the keys back? If not, how do you know he has actually left?
If he has done none of these things, and this is an AST coming to the end of its fixed term on the 14th, will it not simply go periodic and your access problem therefore persist?
In order to reclaim possession and to enter without his permission, you would ideally have something in writing showing that his tenancy has come to an end.