Crap landlord question?

[Booooot]

We are the crap landlords in question as we don’t know.

We want to get one of our properties valued, but the tenants are being tricky with dates. Do they have to be present for this? We have a key, but obviously don’t want to invade their privacy or upset them but we really need to get the property valued!

What do we do?

I don't think they have to allow access for this at all. If you want it valued you may have to wait for them to leave, unless an estate agent can do it from photos of the annual inspection.

You definitely can't use your key for this. The key is for emergencies such as fire, flood, gas leak etc.

Are you getting it valued for a remortgage or are you planning on selling it.

What does the tenancy say?

Planning to sell it. No idea what the tenancy says tbh! It’s my husbands flat.

No, you can't just let yourself into a property that has tenants in it, unless there's some sort of emergency. It's their home, ffs.

If you're planning on selling it, just give notice now and then get it valued and on the market as soon as they leave.

If they're not inclined to help you out by allowing access for a valuation they won't be allowing access for viewings anyway.

Ok I didn’t think we could just let ourselves in!

You can ask the tenants to allow access on X date and time or ask their permission in writing that you can use your key on X date and time.

They can refuse.

If they have said no then no is the answer. Even in their absence.

A valuation is not an emergency so you cannot enter without their express permission.

Your choices are to start the s21 process, as per the AST or wait until they leave. Or sell it with a generic valuation. But they can say no to viewings too.

Tenants don't have to be present, but you do need to give at least 24 hour notice.
Don't be like my last landlord. I was on annual leave and chilling at home... they just let themselves in whilst I was sat there in my PJs. Freaked me out big time, I almost called the police.

The tenants don't have to allow access to this. They also don't have to allow access for viewings when you put it on the market, regardless of what your tenancy agreement says. (A clause cannot invalid their right to quiet enjoyment of the property).

If they don't want to allow access for the valuation (and presumably viewings either) you are better serving their notice and putting the place up for sale once they've vacated. Nobody will exchange until you have vacant possession so they'll need to leave before anything really progresses with a sale anyway.

We were hoping to try and sell it as tenanted property if we can as we know they will struggle to find somewhere else. But we really need the money from the sale.

That certainly changes how amenable the tenants might be for viewings, if they know they can keep their home. Do they know you're planning to sell it with them in situ?

They still don't have to allow entry for viewings/valuation.

I've said it before and I'll say it again, if your tenancy agreement requires your tenant to give access for the purposes of valuation or viewings for new tenants, this is a perfectly reasonable amd legal clause and they should allow access on a time and date notified to them in advance or mutually agreed if not convenient.

Before they removed the guidance the Office of Fair Trade suggested this was a fair and reasonable tenancy term.

The tenant's right to peaceful and quiet enjoyment is tempered by fair and reasonable tenancy terms, of which this would be one.

If the tenant refuses, you cannot let yourself in and you can either threaten and seek an injunction for breach of contract or pursue possession via s21 etc.

This is wrong if the tenancy says they have to allow access for viewings.
That would be a fair and reasonable term
Refusing to comply is a breach of tenancy.
The landlord can enforce via an injunction albeit that is a discretionary remedy.

The tenant s do not have to allow access I'm afraid .

Before they removed the guidance the Office of Fair Trade suggested this was a fair and reasonable tenancy term.

If they've removed the guidance, perhaps it was wrong?

Can you quote why you feel this is incorrect?

All I can see from the office of fair trade is that they would object to any clause giving a landlord excessive rights to demand access for prospective new tenants or purchasers to view the property.

But regardless of the above, if the tenants decide they don't want to allow access for viewings the landlord can't force them. An injunction and/or serving notice takes time and it still won't allow the landlord to get prospective buyers in any time soon.

Not for much longer!

So if the tenants don't leave on the s21 .....

Then you have to go to court to enforce an eviction..

A landlord CAN force them, via an injunction.

It's wrong to say 'a tenant doesn't have to give access' if according to a fair tern they do.

Now, the fact it might take time to get an injunction is absolutely true, but that doesn't change the fact the tenant is in breach of contract.

As for the withdrawal of the guidance, it was very extensive and was withdrawn as the law changed, a new act came out, which implied a need for fairness into every term of a tenancy, so they withdrew it because it was based on previous laws, but the reality is in practice a Judge would still consider this term fair.

Even Shelter consider it fair!

Okay. So then LL can't sell because tenant has the hump about having to leave and potentially may not pay the rent thus leaving LL out of pocket? That could mean loss of monies to LL and tenant lives rent free because they can?

What do you think happens? Section 21 date comes and goes so the landlord just lets themselves back in? Of course not.

In reality, if a tenant overstays the landlord takes them to court for eviction and payment of rent arrears. No solicitor will advise exchanging contracts without vacant possession as there's every chance the tenants refuse to leave by the completion date. Eviction enforcement can take a long time through the courts or the landlord could sell the house with the tenant in situ. This a the risk with being a landlord.

It's actually extremely common for tenants to overstay. In fact homeless charities and the council/benefits office actually tell you not to leave until bailiffs are at the door with a court order otherwise they deem you to have made yourself intentionally homeless by leaving voluntarily. (If you're wanting to be housed by the council).