Is this a breach of contract? The tenant has also committed other breaches of contract during their tenancy. Would I be justified in threatening eviction if they don’t cooperate with the viewings?
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It’s not clear what you mean by not co-operating. If its tenants arent willing to be in to let them in that is perfectly reasonable. If they are refusing any access with you providing access then that isnt although would depend what your contract says.
Under rra you could only use section 8 on a breach of contract. It would need to go to judge and is discretionary for judge to decide if eviction is apprpriate. I have no experience of this but would imagine it would be very difficult getting judge to agree to eviction so best to resolve amicably if possible.
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is it possible a surveyor would do an external survey only as a “drive by” valuation?
Those is what the Openrent ast said
"9.43. To permit the Landlord, and any superior landlord, or the Landlord’s employees/agents at all reasonable timesafter giving the Tenant at least 24 hours’ notice (except in an emergency):
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for any purpose mentioned in this Agreement or connected with the Landlord’s interest in the Premises;
."
So if your tenancy agreement says something similar the reason "for any purpose " gives you reasons for the surveyor to enter
But unless tenant is refusing any access thats not the case. If it’s simply about finding a convenient time, I don’t think you have a problem - just work with them. Tenants understandably want to be present when strangers are in their home amongst their private possessions. Try offering to accompany the surveyor.
Eviction would be an extreme response you would spend a lot of time and £ and at last minute tenant could relent or just be told by judge to let the surveyor in. By then mortgage application will have lapsed anyway. Judges will be unlikely to make someone homeless over such a thing - it has to be more serious to put someone potentially on the streets.
Good luck
How are they going to assess the condition inside doing that? If that was all they needed then a desktop survey would suffice (and sometimes does)
It depends on loan to value ratio. I gave my daughter 40% of the cost of a house. The mortgage surveyor did not go inside , just viewed from outside because could clearly see the loan was well within the value of the property.
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Well be careful of language used- or they could claim harassment which is a criminal offence…
Yes and that is precisely what I am trying to avoid.
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the only relevance that has to this case is that if they have done so and you’ve permitted them, then it’s hard to see how they aren’t going to get away with doing what they want anyway. This could be a bed you’ve made and now have to lie in, so to speak.
Make sure your comms are always written, clear and polite (actually worth running through AI to ask if there’s any risk it could come across otherwise).
That’s unlikely to make them any more willing to let you into the property and is much more likely to create a world of pain.
Why not postpone this to the next quarterly inspection and let them know that, as per usual, you’ll be along to do an inspection and that you’ll be accompanied by someone doing a valuation. Refusing access for inspections would be a clear breach of a tenancy agreement.
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Tenants are not replying to my messages requesting the best phone number for surveyor to call to arrange valuation visit (they recently changed numbers). In fact they haven’t replied to my messages for 5 weeks. Something is up.
Have you been around to the property?
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Have they paid rent on time in those 5 weeks
How have you tried to contact?
Try actually calling them and/or tell them of an inspection visit (24h notice) and go round.
Call at their work if needed
People do change phone numbers and email for all sorts of reasons you can’t assume non response is non Co operation
Good luck
I messaging via WhatsApp and the messages are being read.
I did an inspection 2 months ago
Some rent is short but one of the tenant’s circumstances have changed.
5 weeks?
Hmm… I would simply go round and, if they answer the door, have a doorstep chat to ask if they’re OK. That might kickstart the relationship again.
An inspection 2 months ago means one is due so you might want to get your surveyor to give you dates they’re free and simply tell Ts that on X date, you’ll be doing an inspection and, at the same time, a surveyor will be looking at the property so you can get a valuation.
I would make it clear to them that you are not planning on selling the property. If you haven’t already done that, they might be spooked that you are planning that so you can evict them.
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I’ve told them the valuation is for a remortgage. I had offered them the option of buying the flat and that has just fallen through, which is why I now need to remortgage to obtain the funds for another purchase. If they don’t believe me what can I do? I guess I need to arrange another visit.
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No. Not since April.
Well that’s a strong indication that you were planning to sell it and that might have thrown them for a loop, esp as their opportunity to purchase it fell through.
I wonder… has any of this communication been done face to face or all electronically?
I discussed it with them in April. They know I need the money to buy somewhere to live for myself in the UK. I tried to do that by selling the flat to them and now I’m doing it by remortgaging, so no need to evict for that either.
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well, I think you need a face to face with them. There’s no harm in just popping around one evening and seeing if they’ll chat on the doorstep. I’d start by apologising for any communication issues (even though it’s not your fault) and then say that in order to get somewhere to live you absolutely need to let a surveyor value your property to obtain a mortgage. Then negotiate date/s that works for them.
Unless there’s something seriously dodgy going on, I can’t see how that approach won’t work.
Alternatively call them but with a number they won’t recognise so they don’t know it’s you and pick up.
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@H_J suspect they are more likely to be hiding/worried because they are late or part behind on the rent so may fear eviction due to that. (If they cant fully cover the rent, seems most unlikely they would either have a deposit or be able to cover mortgage payments, and not somebody I’d have been wasting time trying to sell the place to - difficult enough and enough risks of failing even when people have a good income and size-able deposit)
good luck