There is peeling paint and damp damage on the ceiling of the flat. Tenants have asked works are carried out in the summer. Can I get in any sooner? Selling the flat and want it in good condition. Thanks
@Joanna37 I think it’s between you and tenant to negotiate and agree reasonable access. Check your tenancy agreement. The Openrent one says tenant has to provide access
"9.43. 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 carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider necessary;"
At same time tenants still living there you want them to leave it in a good state and they have a 'right to quiet enjoyment ’ so although you can point them to whatever your tenancy agreement says on providing access, I’d still be wanting to work with them to agree something convenient. If it really is inconvenient (eg a whole room is going to be unavailable for a week) you could offer them a small discount on the rent or just wait till they are gone. If it’s cosmetic and the source of the damp has been addressed then it’s not urgent.
Remember they are already having their lives disrupted by moving, which (if due to you serving notice) they may not be thankful for.
Best
Please note that maintenance and repair is different to improvement. The tenant has no obligation to agree to the latter such as a lick of paint for selling.
@David122 I think that unless the peeling paint or damaged ceiling due to damp was there at start of tenancy then if it’s those areas, it’s repair or maintenance keeping it in a decent standard, not an improvement - which maintenance/repair I’d be doing anyway whether a tenant was leaving or not, but still at a time to suit them eg when they are on holiday.
I agree different maybe if it was a complete refresh of the paintwork throughout a property on all walls and ceilings to improve for sale purposes even for walls/ceilings that are in reasonable condition and not damaged
Best
I agree that a case could be made, but if Joanna37 has already told the tenant theyre getting it ready for sale…
1 Like
Sales take ages so you’re very unlikely to complete the day after the Ts leave. Anyone genuinely interested in the property isn’t going to be put off by you saying that you’ll be improving that part before the sale.
I think waiting until summer is absolutely reasonable. You’re going to want the work to dry well anyway so waiting for a patch of dry weather is essential.
2 Likes