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John LLB
John LLB, Solicitor
Category: Property Law
Satisfied Customers: 207
Experience:  8 years legal experience
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We are tenant and our landlord is planning to sell the

Customer Question

Hi, We are tenant and our landlord is planning to sell the property. Are we forced to be showing the house to buyers while we are leaving in?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have given our two months notice of leaving the rental
JA: Where is the house located?
Customer: Leicester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The landlord said we have to be able to show the property while we are living there, we would like to know if we are obligate to do it.
Submitted: 9 days ago.
Category: Property Law
Customer: replied 9 days ago.
Can you please check for me if this is legal:As per your e-mail on 17th September I have accepted your notice of termination of the tenancy from this date. You will be aware that the contract states this is a 2 month notice period and therefore the tenancy expires on 17th November 2019. I don’t want to start getting into deadlines and making life difficult for both of us. Also within the contract you will be aware of clause 1.56 (d) which states as below:1.56.1 The Landlord reserves the right to enter the Property on giving not less than 24 hours' prior notice to the Tenant:
(a) to inspect the condition and state of repair of the Property;
(b) to carry out the Landlord's obligations under this agreement;
(c) to take gas, electricity or water meter readings; and
(d) in the last month of the Tenancy, to show prospective tenants around the Property.
I really hate all this formality and would much prefer to proceed in a way that suits us both. The last thing I want is to fall out and make life difficult on both sides (please please believe this is my honest attitude). However your e-mail today is making things seem quite difficult.The contract is clear. This made you aware at the outset of the tenancy that you would be expected to allow access to the flat for viewings at the end of the tenancy. This is something that I have arranged with previous tenants without difficulty (and I assume if you have rented properties before you will have experienced the same). It appears that over the last 10 days or so you have been delaying contacting both myself and the estate agent I have instructed so as not to have to allow this.As you might imagine your proposal seems a bit unfair to me given the above points which I have outlined above.I would be more than happy to try and be as flexible as we can around any arrangements to allow the agent access to the flat and for viewings to be arranged at your convenience. And that is how I would really like to proceed. Otherwise we will have to do things in a very formal and unsatisfactory way for both of us.I would be grateful if you could 1) confirm receipt of this e-mail and 2) come back to me within 24 hours with an update on whether or not you will allow us to conduct viewings of the property. I will ask the agent if they will use the previous particulars of the flat, and also advise them of your concerns around any viewings.
Expert:  John LLB replied 9 days ago.

Hello, welcome to Just Answer. I am a qualified solicitor happy to assist you today.

Please note this is not a chat service, so there may be delays in responding.

I am just reviewing your question and will provide a response shortly

Expert:  John LLB replied 9 days ago.

I initially took your question as you asking, if you were obligated to show prospective tenants around, and the answer to that is of course no. That is not your obligation.

But the situation appears that your landlord is just requiring access to the property which by law they have to give you 24 hours notice, that they will enter the premises, this is normal so the answer to that is yes, they are able to do that. Lastly, it also states that in the contract so if you refused, the landlord would be able to sue you for breach of contract. I hope this assists and answers your questions.

I hope I have earned a 5 star rating today. Please remember to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. If you need more assistance, please use the reply box below and let me know. It has been my pleasure to assist you!

Customer: replied 9 days ago.
He said that this point which is in the contract but you are saying to me that we are not obligated if that right?(d) in the last month of the Tenancy, to show prospective tenants around the Property.
Expert:  John LLB replied 9 days ago.

No it is definitely not your obligation and you do not have to. The contract should be read as follows

1.56.1 The Landlord reserves the right to enter the Property on giving not less than 24 hours' prior notice to the Tenant:

(d) in the last month of the Tenancy, to show prospective tenants around the Property.

Which means, it is the landlord who is reserving the right to enter the property to show prospective tenants around. Not, for existing tenants to show prospective tenants around.

If he is asking you to do so, then he is misreading the contract and you can refuse. But if he is saying that he wishes to enter the property, then he can, as long as he gives you notice. I hope this helps, regards, John

Customer: replied 9 days ago.
Am I right in assuming that the landlord does not have to show prospective tenants around and that they can nominate someone to do so on their behalf, i.e. an estate agent?
Expert:  John LLB replied 9 days ago.

That is correct, they may have an estate agent do it on their behalf under their authority.

Customer: replied 9 days ago.
Thanks John.
So according to the contract and the date we gave our notice, the landlord can only start conducting viewings from the 17th onwards?
Expert:  John LLB replied 9 days ago.

Yes, this is correct, in the last month of the tenancy as stipulated in the contract, and must give you minimum of 24 hours notice. And you're welcome.

Customer: replied 9 days ago.
Also, what are the rules on showing prospective tenants / buyers around? Can we limit the amount if people who enter the property to do a viewing at any one time? How often can the viewings be? For example, could the landlord potentially have a viewing per day for each day of the final month?
Customer: replied 9 days ago.
as long as the 24 hour notice has been given each day?
Expert:  John LLB replied 9 days ago.

It is possible to have a viewing per day as long as the 24 hour notice clause is followed, although this is unusual practice. There are no stringent rules with respect to showing tenants / buyers around outside to that of your right, to have a right to privacy i.e. nobody going through your things etc. Prospective tenants / buyers must strictly just view the property.

Unfortunately you will have no control over the amount of people allowed in. I know sometimes, if it is a large viewing, then landlords can hold it by appointment all on one day, giving each prospective tenant / buyer a time slot. This then cuts down the need to have a viewing each day and is more convenient for the landlord and for yourself. But this should all be communicated to you if that was the case.

Customer: replied 9 days ago.
Ok, thanks again.
So what about our availability to be present during viewings? We would not be comfortable to allow viewings to be conducted while we are not there, but what if we are away for example and they want to do a viewing during that time?
Expert:  John LLB replied 9 days ago.

There isn't anything stopping you from being present, if that is what you wanted. Previously, I have viewed property myself when existing tenants were there. If you were away, then as long as notice is given, the landlord can still carry out viewings.

Customer: replied 9 days ago.
On another note, it seems we havemade a mistake by giving our notice on the 17th of the month (albeit at 11:30pm) even though we pay our rent on the 18th. Does that mean we are effectively giving him a free day by not waiting 30 mins?
Customer: replied 9 days ago.
It is based on calendar days and not the hour of that date you moved in or gave notice?
Expert:  John LLB replied 9 days ago.

As long as it says in the notice when it is effective from, it wouldn't matter. Example is, I could write you a notice now, but state it is effective from 10th October. If you haven't specified, then it will be effective from the date it is written. Most rents are taken a month in advance so it wouldn't have any effect on that.

Expert:  John LLB replied 9 days ago.

I hope I have helped you today. Please remember to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. All the best, John

Customer: replied 8 days ago.
it is taken in advance but didn’t that still man he gets a free day?
Expert:  John LLB replied 8 days ago.

Not particularly, as the notice is determined by the contract and the end date on the tenancy itself. This is what determines the month as opposed to when you hand in the notice. You could have handed the notice in few days before, but the tenancy still has a set date which has been paid for, so you have not given any free days as the tenancy is determined by contract and not the notice.

I would appreciate you taking a moment to kindly provide a rating for my time in assisting you with your query, which I believe I have answered and also which I also hope you have been happy with my service. All you have to do is press the stars above, thank you in advance, John.

Customer: replied 8 days ago.
Many thanks again John. We would be more than happy to give you a 5-star rating for your service so far.... can you please clarify, by giving you the rating now, does that mean we can’t ask any more questions without having to pay again? We may have more questions that’s all..... How long from the start of this service do we have your advice for?
Expert:  John LLB replied 7 days ago.

You can always ask questions on the site, and the thread will remain open for about 6/7 days. I will not close it, and can take more questions, but it make close automatically, due to an experts time and resources in helping other customers.

If you had new questions, you would need to begin a new thread with the new query. Best regards, John