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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi The house I currently rent is for sale. We have a satiosfactory

Resolved Question:

Hi

The house I currently rent is for sale. We have a satiosfactory arrangement with the agent that they can come and do viewings as long as we are given notice.

On this occassion the agent has explicitly requested that my family are not at the property when a viewing takes place, and further that the viewing itself is to be conducted by the owner of the property rather than the Agent. All previous viewings have been accompanied by the agent.

My question is do we have a legal right to refuse this request for us to vacate the property whilst the viewing goes ahead.

I am suspicious of the motives of the agent/landlord and just wish to understand my rights.

Thank you for your help

For info the contract is currently on a rolling two month basis, and relations have been very amicable up to this point
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

What does the original tenancy agreement say about viewings, does this state you should vacate upon viewings?

 

Kind regards,


Tom

Customer: replied 3 years ago.

Hi Tom

 

I don't have the tenancy with me so cannot check, but it is a pretty standard template document. I don't recall any specific condition requiring we should vacate. We did discuss and agree that viewings could be undertaken so long as the timings were agreed in advance but we have not previously been requested to vacate (sometimes we are in when they happen, sometimes not)

 

hope this helps

 

thanks

Glenn

Expert:  Thomas replied 3 years ago.

Hi Glenn

 

Sorry for the delay in responding.


Check the original tenancy agreement in respect of viewings and whether there is an obligation for you to vacate. In all probability it will not state that you have to vacate.


If it does not state that you have to vacate and there has been no subsequent agreement that you must vacate then you are under no obligation to do so if you do not wish to.

 

In any event such a clause is very difficult to enforce even if it were there - what will they do, apply for a Court Order that you vacate, or attempt to sue you for a loss of income as a result of you not vacating upon visits, not likely at all.

 

If you do not agree then that may compel them to serve a notice to vacate upon you in accordance with what I assume is now a statutory periodic tenancy agreement, so that is something you should consider from a practical point of view. You may, for example, say that you will give them notice of when you are going to be out and say that they can arrange viewings then.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6293
Experience: BA (Hons), PgDip, Practising Solicitor
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