Does the new law advise tenants who have given notice, to allow viewings for new tenants? Or can the tenant refuse?

Landlord Discussion New Laws & Regulation Changes
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I am the landlord, and my tenant gave 2-month’s notice to move out. I need to find a new tenant, and will be using a letting agent as I am overseas.

Our tenancy agreement of 2024, states that 'At all reasonable times, the landlord and its agents may enter the property to prospective tenants."

Do the new laws supercede any clause in our agreement? Does the new law advise tenants who have given notice, to allow viewings for new tenants? Or can the tenant refuse?

From Google Ai, it looks like the latter. - I found this ‘Tenant Consent Required: While tenancy agreements may contain clauses allowing viewings during the last 28 days, there is no practical way to enforce this if the tenant explicitly refuses. Forced entry is illegal.’

What would anyone advise? My current tenant is extremely busy and I fear he may say “no” to viewings.

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You can always ask if he says no you are stitched up

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@Alison41 there’s nothing in that clause which is contrary to RRA (and would make it null and void) so it still applies. It is just as easy/difficult to enforce as previously.

You do have some levers - you can tell departing tenant you will deal with return of deposit speedily, and give a good ref if they need, if they are co operative. You can suggest ways to ease any inconvenience (block book viewings for a couple of dates that suit the tenant) and get agent to arrange that way.

But it’s also like inspection visits - they can refuse if not convenient and it’s fair enough to not want strangers in your home when you aren’t there.

Even if you get an offer the notice date doesn’t mean tenant will actually move out anyway - if they don’t and you have to apply for possession they could be there many more months before eviction. So you can’t realistically sign a new contract till they have moved anyway. And as tenants won’t give notice on old place till new one secured and usually can’t pay for 2 places at once you are very likely to have a void period anyway

Good luck

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That clause is badly worded because it does not dictate the expected behaviour of the T. This is a better wording:

Provided the Landlords have given the Tenant at least 24 hours’ prior notice in writing, the Tenant must give the Landlords (or any person acting on behalf of the Landlords) access to the Property at reasonable times of day in the following circumstances for the purposes specified:

  • where the Tenant has given notice, to show prospective tenants or purchasers, letting agents or estate agents around the Property, during the last month of the Tenancy;
  • where the Landlords have served a notice on the Tenant to show prospective tenants or purchasers, letting agents or estate agents around the Property.

This puts the onus on the T to give access and to refuse would be to breach the terms of the agreement. However, that’s pretty much moot as they’ve given notice anyway, but it’s something to bear in mind when you read the draft of the agreement the next agent will provide.

A fear that they may refuse is not an actual refusal. Has the agent spoken to them?

Particularly when I was overseas, I always budgeted for a void because I wanted to make sure that the agent, outgoing tenant and applicants had some breathing space. An empty property also allows for any maintenance/redecoration and a good inventory to be taken.

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Well said. Totally agree

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Yes, I have asked him. He’s agreed to meet the letting agent. But I’m not sure how often he’ll agree to viewings tho. So I’m just asking about the legal position.

David’s advice below is helpful

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Thanks David, your response is very helpful. I needed clarity on the legal position and you’ve answered that, thank you.

I’ve already told my tenant he will get his deposit back speedily, and that I will provide a reference - he’s been a great tenant actually, I wish he wasn’t leaving !

I agree with your "agree blocks of time " for viewings, I was going to suggest he give me 2-3 hours pw for this. I’ll do that. He’s very reasonable , so hopefully that will work.

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Thanks, also useful. I’ll use that wording/ask for similar wording from the letting agent next time.

He has agreed to meet the letting agent, it’s just how often he’ll agree to viewings , that is the issue. I needed the legal position, but David above has responded to that.

I’m expecting at least 2 weeks of a void. That’s fine. There are some small redecorating items to be done.

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@Alison41

Change of tenancy is a good opportunity to review the tenancy agreement clauses and see if there’s anything not as precise as you’d like.

The sample OR agreement is available Herr

Source: OpenRent Assured Periodic Tenancy Agreement (APT) | Download Template

Nrla have one and there’s others eg

Source: Stirling Ackroyd https://share.google/QWjpywq16EJNOAbDR (this has lots of detail re repair and maintenance including about opening windows 15 min /day)

Sorry if ridiculously obvious

Good luck