UK Property Law
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Thanks for your answer. Could you please elaborate on the Q and A below:-
Q. the agents have keys, in order to show prospective buyers round can they just go in to my property providing they have given 24h notice?
A. Not immediately. That would be trespass. You have to give the tenant at least three opportunities to arrange a viewing before letting yourself in and even then it does carry danger.
Would this be ok to do as long as we have given 48hours notice? Also, just for your reference - they signed the AST with the following clause in the contract:-
‘1.23 – Permit the Landlord or Landlords agents to visit the premises for the purpose of viewing with prospective purchasers or tenants by prior notice during the last 8 weeks of the tenancy.’
If you could please review and provide comments on the mail below that I intend to send to the tenants, I would be very grateful, and more than happy to provide a Excellent Service review.
Thank you for your last email on Friday 7th June. We have since sought legal advice, and as you have signed the AST at the beginning of February 2013, as per clause 1.23 below we are entitled to ‘reasonable access’. This by law is unfortunately irrespective of your personal circumstances or your family arrangements.
‘Reasonable' access is always a matter of fact and degree but courts would accept that this includes access to the property in the last 2 months of the tenancy agreement to arrange viewings further strengthened by clause 1.23 in the signed AST. I would suggest in future that if you want peace and a right to quiet enjoyment then you would need to seriously consider buying a mortgaged house like everybody else.
However, we do not want to disrupt your childs routine and therefore we would like to identify suitable times, and are willing to compromise by giving you 48hours notice by email and phone, and also your choice of days and time slots as stated below.
We feel this gives plenty of leeway in terms of the tenancy agreement and your family arrangements. Once agreed, we will pass this information onto the selling agents. If we have not heard back within 48hours to this email we will assume that 48hours notice is sufficient for any viewings commencing on 9th June as per clause 1.23 of the AST.
Thanks in advance,
Thanks for the same reply as before but you did not review my email to the tenant as requested. Can you do this please?
Thanks for the advice.
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