Hello.
The tenant has given notice and according to our agreement I am allowed to conduct viewings (with 24 hour notice).
He has decided that he will not let me in and I am sure that he will cause me problems.
If I enforce the contract, he will damage the apartment;
if I do not, I will have an empty property for a month (because any other person has to give 1 month notice before moving in).
What would you do?
Send him the contract which says you have the right to enter even if he isn’t home. Make sure you let him know you will take money off the deposit if he refuses to allow access by locking doors etc.
I would also inspect the property and take photos in order for criminal damage charges if he damages the property in retaliation.
I would also tell him I would change the reference if he didn’t comply.
I’m fed up with these types of tenants who think they can cause financial damage with impunity
If you have given 24 hours notice and he does not respond so be it . But….
If you have given 24 hours entry and he has written to refuse entry do NOT enter. It is classed as harassment and is illegal no matter what your contract says.
Furthermore, we are in a pandemic, so going in and doing viewings against his will , he could argue you have not given his health any regard . This is his home. If I were a tenant I would not want people I don’t know traipsing in with the risk of spreading a lethal disease!
It’s a law suit waiting to happen.
It is not ideal but that is the way it is and you’ll just have to do viewings when the tenant departs. It’s hard I know but if he calls the council because you entered without his consent you could be in deep water ….
If you are not sure I suggest you take legal advice or call the NRLA if you are a member. You will be advised not to enter.
They may give that advice on a “better safe than sorry” basis, absolutely.
However, he may claim it’s harassment but if you make sure your notices are in writing (evidence) and you record your access you are fine. If he complains to the council I’m within my rights to sue him as well.
In the long run you’ll come out on top as long as access was reasonable (i.e. not too often or too long/late/early. etc.)
That clause in your contract isn’t worth much. If the tenant refuses access there is little you can do. It’s not like maintenance inspections, there is no statutory right to back it up, so your only redress would be to sue him for breach of contract. You can only really sue for actual losses, (not theoretical ones), so it would be a pyrrhic victory, and that’s if you win, which is far from certain.
Regardless of what your contract says if Tenant refuses you are not allowed to enter unfortunately.
The Deposit Protection Scheme do not uphold loses for rent. They say there is no proof that the property would definitely have been let.
Although there will be some time without rent it’s easier to show prospective tenants the property in the best light when the previous tenants and their clutter are not there.
Maintenance also can be carried out without hindrances.