I need some advice. I have a trouble tenant, who will inform me that he will move out this saturday. He paid upfront and cover the rent until the end of this month. I have a viewing request coming this saturday, but he said he is not happy with viewings taking place in his absence and say any damage caused he is not responsible. I have given him assurance any view will be acompany with a witness. He also asked for 24 hour notice even when he has moved out. I knew he had broken the ceiling light and garage door, which he refused to put right. So he wants to use this as excuse in case I go in for viewing and he will claim I caused this damage.
He has done 5 viewing this month while he was in the house, refusing me being present in the house for the viewing, but now he leaves and won’t allow me to enter for viewing even with witness. hHe emailed me I have no permission to enter the proerty until the check out date and if I do so, I will deemed as trepass.
Can someone help to assure me what is the my right? Can I still do the viewing while he is not in the house?
No: it is trespass. You need their permission.
Yes and take a witness with you
It depends what the terms in the contract regarding viewings.
Has he given the keys back? …No landlords reference from you then !
Thanks you for your reply. He didn’t need my reference and already found a place. Hope the new landlord won’t regret to take him on. I am doing the check out with my witness tomorrow.
Hopefully everything runs smoothly for you jess.
Im currently in the process of waiting for my new landlord to get the go ahead from his solicitor basically hes just bought a new property in January. and due to the corona virus its put a massive downer on it. He got the go ahead from the Mortgage last week but the solicitor is taking a lot longer then we all anticipated.
The landlord has told him to hurry up because knowing my luck we will get the all clear then the estate agents will close again for another UK outbreak of the virus. Typically my luck. Just seems like nothing is going right.
Anyone know how long it will take the solicitor to complete all this? then give us a completion date?
Jessie as a landlord you need to know the law and how to work around it. Do your viewings, he is no there, what’s he going to do call the police? You will be out of pocket not him if the place is empty. Oh and I would not let a negative tenant do my viewings what’s he going to be saying?
Sidney 1 spot on that is what I would do
I agree with Sydney1, however you should have a clause in your contract allowing reasonable access (24hrs notice is fine) for the purpose of conducting viewings during the notice period.
Although it is his home for the duration of the contract, and you should respect his privacy where possible, it is also your investment and you are entitled to protect it within the constraints of the tenancy agreement.
As has been suggested, if you’re worried about accusations of tampering or damage, take a witness along.
I would get the checkout done and agreed before doing the viewings. If that delays the viewings well that might be cheaper than the damages you may risk not getting without following the process.
You can tell him that it is in the contract to allow me to arrange viewings. If he refuses to do so and the property remains vacant after he leaves, then he will be liable to pay the loss of rent and council tax whilst the property is vacant.
Yes, it states on the contract to allow viewing after they gave notice to leave. But they insisted it’s breaching their privacy when they were not around and would argue the damage to the property was not causing by them. So I didn’t go in during the last few days and went in with their witness and my witness on the check out date. Documented everything and wait for DPS dispute now. My new tenant has been found and moved in now.
DPS is total joke. I have emailed them with numberous emails and photos and damages tenant caused. The the signed Pet policy to clean the carpet which they didn’t do after moving out. Today the decision from DPS is returning all the deposit back to tenant. Angry about DPS and will never use them again.
yes dps and mydeposits are biased towards tenants, then again so are the small claims courts, sad but true
Jessie, you can make a complaint with DPS for compensation against a flawed decision, if you are confident of your facts. I have succeeded twice in such a claim, but the payments were no where near what the deposit sum / debt was.
Having said that, if the only loss is a carpet cleaning bill, and you already have a new tenant installed, I would count my blessings on a good result.