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?

Have you explained to them that you would want to sell with them in situ and potentially with at least a 1 year Assured tenancy? Are they within an AST at the moment or rolling?

Injunction was £4K on the episode of Nightmare tenants I saw.

If you want to sell, you may have to send them a section 21 to evict them then accept that you’ll have a void in rent.

As for the withdrawal of the guidance, it was very extensive and was withdrawn as the law changed, a new act came out, which implied a need for fairness into every term of a tenancy, so they withdrew it because it was based on previous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.

Do you have any evidence that a judge would consider it fair? You don't even know what the OP means when they say the tenant is being difficult regarding dates. It could be that they will allow access but only when they are available to be present.

Of course, the tenant could be an absolute arse (only on the first Wednesday after a full moon and if Jupiter isn't in alignment, for example). But if the tenant is being arsey about a valuation and needs court enforcement they're probably going to be arsey about every single viewing and it just isn't worth the faff.

A determination of fairness is a judgment, not a question of evidence. Most of these judgments occur in the county court so are not recorded nor are they binding but if you know and understand landlord and tenant law and injunctions you can advise on the merits.

I've no idea whether OP's tenant is or is not being compliant with access, I think its fair for a tenant to be able to negotiate that within reason so it is convenient to them.

What is not OK, contrary to numerous posters on mumsnet constantly saying it is, is that it's OK not to let your landlord have access, if the tenancy says otherwise.

Whether or not a landlord wants to spend money enforcing a right of access when they may be able to serve a s21 notice and ultimately evict a tenant, doesn't change whether or not a tenant is in breach of contract.

The fact you want to sell is exactly why they don’t want to give you access. be open and honest, ultimately it’s very shit for them and awkward for you.

if they would struggle to rent elsewhere the likelihood is they are going to need you to take them to court etc so they stand half a chance of getting a council home. Be honest, and try and get them out before it goes to market, being a tenant with viewings going on is horrible - and they don’t have to allow it so could get increasingly more difficult