Viewings for rental - arranging with current tenant
Viewings for rental - arranging with current tenant
Author
Discussion

philv

Original Poster:

5,407 posts

245 months

Thursday 15th May 2014
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The initial message was deleted from this topic on 04 June 2014 at 23:19

JustinP1

13,364 posts

261 months

Thursday 15th May 2014
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As you go round the first time beat the tenants with a broom.

You might lose the first set of viewers, but for subsequent viewings all you need do is carry the broom and show it to the tenants to keep them in order.



Alternatively, you could just call the tenants and let them know giving 24 hours plus notice. The nicer a relationship you have with them, the more effort they'll put in to keep the place nice and be co-operative without the need of the broom.

RBOnline

84 posts

199 months

Thursday 15th May 2014
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I'm fairly certain you need the express permission of the tenant. You're not telling them you'll be around in 24 hours, you're asking the tenant if you can enter their home in 24 hours time.

jgy6000

212 posts

201 months

Thursday 15th May 2014
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RBOnline said:
I'm fairly certain you need the express permission of the tenant. You're not telling them you'll be around in 24 hours, you're asking the tenant if you can enter their home in 24 hours time.
Exactly this, if they dont want you there, then you have no right to go in. After all it is the tenants house, thats wht he/she is paying for.

The Moose

23,709 posts

240 months

Thursday 15th May 2014
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jgy6000 said:
RBOnline said:
I'm fairly certain you need the express permission of the tenant. You're not telling them you'll be around in 24 hours, you're asking the tenant if you can enter their home in 24 hours time.
Exactly this, if they dont want you there, then you have no right to go in. After all it is the tenants house, thats wht he/she is paying for.
This is what my AST says (standard NLA AST)

Access to the Property
1.38 To permit the Landlord or the Agent or other persons authorised by them: at all reasonable times after giving the Tenant at least twenty-four hours written notice (except in an emergency):
1.38.1 To enter the Property to examine the state and condition of the Property and Contents and to carry out repairs or maintenance to the Property or Contents and afford them all facilities so to do.
1.38.2 To enter and view the Property with prospective occupiers during the last two months of the tenancy.

I'm sure your agreement will say the same (or should!)

fridaypassion

11,458 posts

259 months

Thursday 15th May 2014
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Assuming you are a good landlord just pre arrange with the T. They are usually fine about these things especially if they have been long term renters.

Ultimately as Cheers, The Moose says above you can give them 24 hours notice but it shouldnt be necessary if you have a good ongoing relationship with your T's

Simpo Two

93,073 posts

296 months

Thursday 15th May 2014
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jgy6000 said:
After all it is the tenants house
No it isn't, it is the landlord's house. The tenants are merely borrowing it.

I really don't understand why some people have such a terrible problem with the idea of a landlord wishing to look at his own house.

fridaypassion

11,458 posts

259 months

Thursday 15th May 2014
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More importantly its the tenants home. That is equally as important IMO.

Simpo Two

93,073 posts

296 months

Thursday 15th May 2014
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Both are right. Ultimately it comes down to what the contract says and whether the parties want to fight or co-operate.

Wings

5,973 posts

246 months

Thursday 15th May 2014
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The Moose said:
This is what my AST says (standard NLA AST)

Access to the Property
1.38 To permit the Landlord or the Agent or other persons authorised by them: at all reasonable times after giving the Tenant at least twenty-four hours written notice (except in an emergency):
1.38.1 To enter the Property to examine the state and condition of the Property and Contents and to carry out repairs or maintenance to the Property or Contents and afford them all facilities so to do.
1.38.2 To enter and view the Property with prospective occupiers during the last two months of the tenancy.

I'm sure your agreement will say the same (or should!)
^^^Agree, and a tenant refusing entry to a landlord may be in breach of the above clause in the tenancy agreement, but by the landlord renting the property to the tenant, the landlord has agreed that the property will be the tenant's home. In Common Law a person's home is their Castle, and thereby the tenant has the right to say who and when a person/s enters their home. A landlord receiving refusal of entry by a tenant, has two courses of action, one applying to the courts for access, or to give the tenant Notice for possession.

With covert cameras, a landlord entering a rental property after being refused entry by a tenant, may well be faced with a charge of criminal harassment section 6.2.12, or even a false claim of theft.

RBOnline

84 posts

199 months

Thursday 15th May 2014
quotequote all
The Moose said:
This is what my AST says (standard NLA AST)

Access to the Property
1.38 To permit the Landlord or the Agent or other persons authorised by them: at all reasonable times after giving the Tenant at least twenty-four hours written notice (except in an emergency):
1.38.1 To enter the Property to examine the state and condition of the Property and Contents and to carry out repairs or maintenance to the Property or Contents and afford them all facilities so to do.
1.38.2 To enter and view the Property with prospective occupiers during the last two months of the tenancy.

I'm sure your agreement will say the same (or should!)
Just because something is written down on a signed piece of paper doesn't make it legal.

If you know for sure you're right and I'm wrong then fair enough. But I'm fairly sure you can't enter someone's home without their permission, whether you own the property or not .


Edited by RBOnline on Thursday 15th May 23:37


Edited by RBOnline on Thursday 15th May 23:37

RBOnline

84 posts

199 months

Thursday 15th May 2014
quotequote all
Simpo Two said:
No it isn't, it is the landlord's house. The tenants are merely borrowing it.

I really don't understand why some people have such a terrible problem with the idea of a landlord wishing to look at his own house.
It is the HOME of the tenant. That is more important than the fact the landlord owns the cash cow of a property.

surveyor

18,707 posts

215 months

Friday 16th May 2014
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You can already see how contentious this is. Politeness is the key.

Ask your tenant when is generally a good time for them. If they put themselves out a box of chockd, or bottle of vino.

Basically if roles are reversed what would you be looking for?

The Moose

23,709 posts

240 months

Friday 16th May 2014
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RBOnline said:
The Moose said:
This is what my AST says (standard NLA AST)

Access to the Property
1.38 To permit the Landlord or the Agent or other persons authorised by them: at all reasonable times after giving the Tenant at least twenty-four hours written notice (except in an emergency):
1.38.1 To enter the Property to examine the state and condition of the Property and Contents and to carry out repairs or maintenance to the Property or Contents and afford them all facilities so to do.
1.38.2 To enter and view the Property with prospective occupiers during the last two months of the tenancy.

I'm sure your agreement will say the same (or should!)
Just because something is written down on a signed piece of paper doesn't make it legal.

If you know for sure you're right and I'm wrong then fair enough. But I'm fairly sure you can't enter someone's home without their permission, whether you own the property or not .


Edited by RBOnline on Thursday 15th May 23:37


Edited by RBOnline on Thursday 15th May 23:37
The honest answer is I haven't had the need to legally test it, however the NLA *should* be able to get this right hehe

What I don't understand however is why so many people view the landlord/tenant relationship as them vs. us as opposed to everyone working together.

fridaypassion

11,458 posts

259 months

Friday 16th May 2014
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Exactly. Its a situation my tenants often describe in the context of how we treat them not as friends but as equals if that makes sense. Theres no looking down from either side. As a result we have fantastic tenants and an easy life as Landlords. I see people in the game that are really just in it for the ego massage of woning property. They get 6 or 8 months out of tenants and loose them. Then they wonder why I only visit the properties every 6 months!

Simpo Two

93,073 posts

296 months

Friday 16th May 2014
quotequote all
RBOnline said:
That is more important than the fact the landlord owns the cash cow of a property.
Whoops, socialist alert!

RBOnline

84 posts

199 months

Friday 16th May 2014
quotequote all
Simpo Two said:
Whoops, socialist alert!
Huh? The landlord owns an asset. The tenant is paying the mortgage, and often then some.

Property is a win win situation. Fact.


fridaypassion

11,458 posts

259 months

Friday 16th May 2014
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I think theres a misconception that all landlords are privileged capitalist scum but thats only the majority. Some of us have just grafted for it.

Nickyboy

6,825 posts

265 months

Saturday 17th May 2014
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Some tenants can be complete aholes, we wanted to view a property that met our needs perfectly. 4 times the agent tried to arrange a viewing with the current tenants and each time they refused. We ended up going elsewhere.

AyBee

11,363 posts

233 months

Tuesday 20th May 2014
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Just speak to the tenant, I can't see them being arsey about it. There are lots of things that need to be agreed with the landlord at the end of a tenancy (cleaning, damage, deposit return, etc), you don't let the landlord in, perhaps he's a bit more stringent with damage and giving you your deposit back. You play nice, he plays nice.