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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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A tenant has given a month's notice. The tenancy agreement

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A tenant has given a month's notice. The tenancy agreement states that during the final month of the tenancy she must allow access to the flat for the purpose of marketing, so long as she receives 24 hours' notice. However, the law states that she does not have to allow access to flat if she does not want to. Under these circumstances, if she breaks her contract and refuses to allow access for marketing during the final month of the tenancy, is she liable for any loss of income should the flat be void at the end of the tenancy due to her breach of contract?

is this an assured shorthold tenancy agreement ?

Customer: replied 5 months ago.
Originally it was an AST, but this was extended as a statutory periodic tenancy by issue of a Section 13 notice. To my understanding this means that we are dealing with a tenancy that should be treated as if it is an AST. However, I await your opinion.

Either way, she is under a duty to allow reasonable access which would include marketing.

You have to give notice by a received means of no less than 48 hours and the offers of viewings do have to be reasonable. However, she cannot just refuse all access.

if she did you could, in principle, arrange a viewing without her consent although you would have to jump through a lot of hoops.

I suppose you could try to sue for the vacant month but the normal and time honoured method of enforcing this is to offer no less than three appointments by a received means with proper notice periods. Then if they are all refused pursue a viewing during reasonable hours.

Can I clarify anything for you?


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Customer: replied 5 months ago.
No, that is incredibly useful. Not just for this occasion, but for future reference.