I gave section 21 notice to my tenant as he was asking for changes to the standard Openrent conditions for break clause for the renewed tenancy.
He has subsequently written refusing access to property for any viewings…etc. What are my options?
A s21 sounds like an excessive response for such a reasonable request.
You don’t have any. If he has refused, regardless of anything your AST states you cannot go in unless there’s an emergency situation that you can think of that’s happened and needs urgent attention.
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Seems rather harsh to turf your tenant out for what exactly ? No wonder they won’t play ball now.
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Your opinion does not answer the question
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Mr T has answered the question.
Its unlikely the Tenancy agreement will have any useable clauses that might assist in you issuing a letter threating legal action for a Money claim for lost rent in event of a Void upon the tenancy termination.
You could ask (3rd party service redacted) for further specialist advice, which they give Free.
It’s not clear whether the tenancy is still in its Initial Term or if it’s become a periodic tenancy.
Assuming the former and you are using the standard OpenRent AST, clause 9.42 states
To permit the Landlord, and any superior landlord, or the Landlord’s employees/agents at all reasonable times after giving the Tenant at least 24 hours’ notice (except in an emergency):
- to enter the Premises to inspect the same and the Landlord’s furniture and effects therein (if any) and to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider necessary. If the Tenant fails to allow access and such failure causes the Landlord to incur costs, the Tenant shall be liable for all reasonable losses resulting as a consequence.
- to enter and view the Premises with any prospective future Tenants or purchasers during the last 60 days of the tenancy.
Bold emphasis mine. Are you within the last 60 days of the Initial Term of the tenancy?
The S21 has a two-month notice period for periodic tenancies and fixed term contracts if there’s a break clause (which there is with the OpenRent AST, clause 12.2).
Once the notice period expires, if the tenant has not moved out, you can apply to the courts for a possession order. Note that their tenancy continues if they stay past the date in a S21 notice until they either leave the property voluntarily or are evicted through the legal process.
Besides that, you can continue to pressure them to give access for viewings and show old photos of the property to potential tenants.
Most tenancy agreements have a similar clause, but in practice, if the tenant refuses there is little the landlord can do.
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You cannot pressure them as this can be seen as harassment and they are allowed quiet enjoyment of the property so if they refuse unfortunately nothing you can do.
If the tenant signed a contract agreeing to permit viewings, they are obliged to do so and provide a convenient time when requested. The landlord is well within their rights to continue politely and reasonably requesting viewings. If the tenant refuses viewings, breaching the terms of the contract, the landlord can take steps to enforce it through an injunction or serving notice and may be due compensation from the deposit.
They are not within any rights to continue requesting something which has been refused, it is unenforceable.
Good luck with claiming anything either.
The DPS do not allow any compensation for this as they state there is no proof it would have been let, even if viewings had taken place.
I’d be interested to know about this injunction?
You are correct that you have a contractual right to arrange viewings. The tenant also has a right to quiet enjoyment. Sometimes these rights conflict and neither really trumps the other. You could ask a judge for an injunction but Id be amazed if it were granted as I dont think its a sufficiently critical need to over-ride the tenants right. You could also sue the tenant for your losses, but I think these would have to be actual incurred losses and not just the loss of a potential gain.
Why Should even he allow for a viewing, its his home/personal space until he his living.
You can show to other people after he leave the apartment.
After taking rent from him, you have this give him personal space for that amount of time.
@Rohit Why?? They agreed to this when they signed the contract.
Its a 2 way relationship.
Its not an unreasonable thing to do.
We have no understanding of the break clause requested, his response of a S21 seems harsh on the surface but we have no details.