My tenant has informed me that she is currently abroad for three weeks, following my request to arrange viewings of the property. Her tenancy is due to end on 15 October.
I contacted her three days ago to request permission to access the property during her absence and followed up again yesterday. I explained that appropriate notice would be provided before each viewing, but I have not received a response to either message.
I also drew her attention to the relevant clause in the tenancy agreement, which provides for reasonable access to the property during the final 60 days of the tenancy, subject to appropriate notice.
However, If remains silent or refuses access while away:
Would the tenant be liable for any rental loss resulting from viewings not taking place during her absence?
Would it be reasonable to proceed with viewings without her express approval, provided that the required notice is given and the terms of the tenancy agreement are followed?
What notice and access arrangements would be required in these circumstances?
The tenant will not be liable for any loss of rent for taking a holiday.
It would be unreasonable to proceed with viewings without the tenants consent.
You require the tenants good will. Clauses that make provision for viewings at the end of a tenancy can be contrary to the tenants rights to quiet enjoyment and is probably unenforceable. I would tread carefully…
I would send email or whatsapp with read receipt saying you plan to go ahead with viewings unless tenant has any objection by (48h before viewing date). Explain all viewing will be with yourself or a trusted agent (name agency) as you appreciate it is not necessarily ideal that tenant can’t be there. If tenant has always insisted on being present for GSR /boiler servicing etc tho then probably better to hold off viewings till you get confirmation ok from them. It’s better to keep them onside and be reasonable, you would prefer them to leave it in a good state, clean it before they go etc. Any future tenants will likely need to give notice at current place anyway, so you can expect a void.
24h notice minimum as with any access request , given in writing to all contact methods (email, whatsapp, txt, by post through door) (ie exactly same as an inspection visit).
Ps you asked 3 days ago so only 1 day of working week plus the weekend and she may be on holiday. Too soon to chase up surely. Give people a week to reply. You shouldnt be expecting replies over a weekend even if weren’t away - think about letting them enjoy the property peacefully etc
Pps only ‘due to end’ if they gave notice saying ending on 15 Nov. Otherwise it’s not “due to end” at all (irrespective of any s8 notice you may have served or any previous fixed term - these were abolished on 1 may with RRA)
There is no particular legal right to access for viewings. If the tenant has signed a contract giving this right, then they’ve already consented contractually, but they can still refuse access, so beware of acting without authority. Also, if the consent was specific to the last 60 days of the tenancy, this would only occur when either the tenant serves a valid notice, or the courts give you a date for bailiffs to attend. If neither is the case, the clause doesn’t apply.
I can confirm that the tenant gave me notice and is moving out on 15/10. If a tenant has signed an agreement and refuses to comply with its terms, would this not be a breach of contract? If so, what consequences might they face if any?
Yes it’s a breach of contract but difficult to enforce the contract and hard to prove any loss from breach so hard to sue for damages.
You can schedule any viewings for 16th onwards, or sooner if tenant agrees, and meanwhile build a list of keen potential tenants, then do a series of viewings on same day. You max loss is that whatever rent you get in due course from a future tenant might have been received a bit earlier, had you been able to do viewings sooner, so the cost to you would be the interest you would have been able to get on that month’s rent during the delay of (<2 months) but you can’t really prove you would have been able to rent sooner. Hardly worth the legal cost of trying to sue, and especially as you want the tenant to leave property in a good state, and indeed pay last month’s rent (so you don’t have to claim it from deposit)
(In theory s8 includes a ground for breach of contract but this is not serious enough for any judge to consider making someone homeless, and they are leaving anyway)
In my experience it’s better to wait until the tenant has left and you have had an opportunity to make any minor repairs, refresh any paintwork and dress the property for sale or let. That is how I have always achieved top rent/sale price.
