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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71147
Experience:  Over 5 years in practice
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I am a landlord of a house. I have tenants who are on an Assured

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I am a landlord of a house. I have tenants who are on an Assured Shorthold Tenancy Agreement. They have already been our tenant for a year and we recently gave them an extension contract for one month, rolling on each month thereafter. We have had to put the house up for sale and have issued out tenants with a Section 21 notice to give them the required two month notice.

The estate agent trying to sell the house (we do not live in the same county as the property) has reported back to us that the tenant is being very rude to any people viewing the property (looking to buy it) and that this is having a detrimental affect on us being able to sell it.

We always give them (the tenant) at least 24 hours notice, usually more, and have agreed not to allow any viewings on Sunday or on any day after 7pm.

It also transpires that they pulled down the for sale board without our knowledge.

My question therefore is - what is the legal standpoint for potential viewings. We have tried to accommodate the tenants wishes and have already had to so "no" to several viewings because they were on a Sunday. We have also tried to limit it to no more than 2 or 3 a week. We are helping them but they are not helping us. What is the legal standpoint around viewings of a property.

Thank you for your question. My name is ***** ***** I will try to help with this.

Are you hoping to force them to accept viewings?
Customer: replied 3 years ago.

I wouldn't like to use the word "force", I am happy with them being at the property if they wish just not be rude to those viewing it.


I would have hoped that limiting the number of viewings would be acceptable.


It doesn't work like that I'm afraid.

You are entitled to reasonable access to your property and that does include viewings in the last months of any agreement.

However, whatever the position of the law, the fact remains that the tenants are behaving in the way that they are. The question is what can be done about that.

There is no way of making them be polite. The law doesn't have jurisdiction over rudeness. They are probably going to be rude and unhelpful. That isn't really a reason for somebody not to buy your house of course. Unless they are expecting that the tenants are staying during their ownership it doesn't much matter whether you have obnoxious tenants or not from your prospective buyer's point of view.

If he refuses viewings though, you are actually under an obligation to give 48 hours notice by received means. If a tenant does not find an appointment convenient then you are under an obligation to offer others. Usually three days with no less than 48 hours notice is a sufficient choice. If none of those three dates are suitable then you are free to gain access whether the tenant likes it or not although obviously you should keep a record of your efforts to negotiate to protect yourself from allegations made by your tenants.

Can I clarify anything for you?

Customer: replied 3 years ago.

Is there a way I can ask them not to be present when a viewing is to happen? Otherwise it sounds very much like I cannot do anything at all. I have tried to be reasonable with them but am not getting the same back.

No, I'm afraid they are entitled to be there during the course of a viewing while they are still in tenancy.

I am sorry.
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