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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14465
Experience:  I have been practising for 30 years.
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Can a tenant refuse to allow a landlord who intends to sell

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Can a tenant refuse to allow a landlord who intends to sell and market a single dwelling that had previously been his main dwelling, access to him or his agent for the purpose of taking photographs of the interior and subsequently erecting a ' For Sale ' sign and then the resulting need for viewings when a fixed term AST still has 6 months to run.?

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

what is your objection to allowing the landlords agent access please

Customer: replied 2 days ago.
The objection is the disturbance and disruption to our daily lives withstanding that we are responsible for our 17 year old grandson that lives with us and his mother our youngest daughter who lives in Supported Living but visits and stays one night a week . We have only recently been informed of the landlord's intentions and have not shared any of this with our family yet.
Customer: replied 2 days ago.
Please could you give me a answer?
Customer: replied 2 days ago.
I will not be paying a further fee for a phone call so I would be grateful for some sort of response. The earlier response was a question to which I have replied. If no reply I will count it as an unsatisfactory response to having paid £26.00 in good faith.

 

The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.

 

We can continue on here.

 

It doesn’t matter whether they can or not, if they are doing it a case of taking to court to get access.

 

There is a provision in section 8 for a landlord to give notice to move back into a property if it has previously been his main home and he intends to take up occupation. But he isn’t taking up occupation he is selling.

 

Assuming the tenant is going to be served with a section 21 notice (which cannot be served within the first 4 months of the tenancy) and if access is needed for viewings, and they will not allow it, it’s an application to court for a court order to compel them to give access and under the circumstances I would ask the court to award costs against the obstructive tenant.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 2 days ago.
Thank you for your time .