# Tenant not allowing property to be shown.



## GVA (2 Mar 2010)

I'm in the process of putting my house on the market and out tenant will not, under any circumstances, allow people into the house to view it. I've read around and can't find a conclusive answer to whether the tenant is acting withing their rights. Under the Residential Tenancies Act 2004 the tenant must:

" allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling,"

Would this include viewings of the property?

Thanks
GVA


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## Howitzer (2 Mar 2010)

No. The tenant is perfectly within their rights to refuse entry.


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## RentDayBlues (2 Mar 2010)

The tenant must allow the property to be inspected and shown, its your property not theirs! 

Do you have a lease agreement with them or is it part 4 tenancy?


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## Howitzer (2 Mar 2010)

RentDayBlues said:


> The tenant must allow the property to be inspected and shown, its your property not theirs!


Nonsense.

[broken link removed]


> The tenant must have privacy. Landlords can only enter the rented
> accommodation with your permission unless it is an emergency.​


[broken link removed]


> Once a tenant occupies the property, a landlord is only allowed to enter
> the property with the tenant’s permission or in an emergency. If repairs
> or an inspection need to be carried out on the premises then the
> landlord must make a prior arrangement with the tenant to gain access.​


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## Magpie (2 Mar 2010)

Inspected. Not viewed for purchase, big difference. 

It may be the landlords house, but it is the tenants home, and is well with their rights not to have strangers tramping through their home. That is why they pay you rent.


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## RIAD_BSC (2 Mar 2010)

Under tenancy regulations, if you are selling the house you can give the tenant notice to quit the property, regardless of how long is left on the lease. Then you'll have no problems showing the place to prospective buyers.

The OP, on the other hand, is trying to have his/her cake and eat it: keep a paying tenant in situ and also have the house on the market. It doesn't work like that. You'll have to choose between renting it out and putting it on the market. Your tenant might be a bit unaccommodating, but s/he is well within his/her rights


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## Berni (2 Mar 2010)

RIAD_BSC said:


> Under tenancy regulations, if you are selling the house you can give the tenant notice to quit the property, regardless of how long is left on the lease. Then you'll have no problems showing the place to prospective buyers.



If there is a fixed term lease, then you can't unless there is a clause allowing it in the lease. You would have to sell with a sitting tenant.

From the PRTB's website 





> Section 58(3) of the Act provides that a landlord or tenant may not terminate a fixed term tenancy, unless there has been breach of obligations by the landlord or tenant.
> ...
> Accordingly, a landlord of a fixed term tenancy cannot rely on the provisions of Section 34 (e.g. the landlord wants to sell his house) to terminate the fixed term tenancy


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## sam h (2 Mar 2010)

The tenant has the right to enjoy the property, you have no rights to be allowed in to view it to anyone else (expect by agreement)

Why not offer a sweetener to the tenant & offer to refund some of the rent if the property gets sold (will mean they have a vested interest in ensuring the place is clean & tidy for potential buyers)?  But if they say no, you'll need to offer appropriate notice (as per PRTB website) and wait for them to leave


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## RIAD_BSC (2 Mar 2010)

True re fixed-term lease. I was assuming it was a Part 4 tenancy. I may be assuming incorrectly.


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## Berni (2 Mar 2010)

You seem to be assuming it both ways at once ;-)

In your earlier post you said notice could be given "regardless of how long is left on the lease".
If there is a duration left on the lease, then it would be a fixed term one.


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## jhegarty (2 Mar 2010)

You could offer them a discount on the rent to allow access for x hours a week ?


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## GVA (2 Mar 2010)

Thanks for all the replies. To answer the varuous queries:

- The lease is up so it's just a month by month agreement.
- *"Inspected. Not viewed for purchase, big difference."* - I actually don't see a big difference here except that, as landlord, I could do a more thorough inspection than a prospective buyer.
- I'm not trying to have my cake and eat it. I have served notice to the tenant but i still have to wait until they are gone (42 days from when notice eas served) to show it.
- A discount has been offered to compensate for the inconvenience but was refused.

Personally I find this very unreasonable. I rented for many years and never refused landlords entry for inspections, viewings etc. However, if they're within their rights to refuse entry for viewings, so be it..


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## Magpie (2 Mar 2010)

You may not see the difference, but the law does. Heres your own quote;
"_allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling,_"

How is a prospective buyer inspecting the property acting on behalf of the landlord?


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## chrisboy (2 Mar 2010)

You served them notice that they have to leave and then you find it unreasonable that they wont let you bring prospective buyers around?? I dont.


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## GVA (2 Mar 2010)

I think they're just not cooperating because they're not happy about having to leave. They won't even let the estate agent in - now, I'm certain this isn't within their rights! I reckon I'll just have to sit out the notice period and hope they don't cause more hassle. Also, they don't answer their phones!


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## GVA (2 Mar 2010)

chrisboy said:


> You served them notice that they have to leave and then you find it unreasonable that they wont let you bring prospective buyers around?? I dont.


 
Actually, they verbally served notice but wouldn't put it down in writing so I didn't really have an option..


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## Magpie (2 Mar 2010)

GVA said:


> I think they're just not cooperating because they're not happy about having to leave. They won't even let the estate agent in - now, I'm certain this isn't within their rights! I reckon I'll just have to sit out the notice period and hope they don't cause more hassle. Also, they don't answer their phones!



Of course it is! They don't have to ley anyone in, other than you, when it is convenient for them.


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