Here is a question to the blog clinic from Marjorie (not her real name) who is a landlord
I want to have my property valued. I have asked my tenant to let me know when it would be convenient to have an agent visit to do this. She does not respond.
Am I within my rights to give her notice of when I want to have the valuation done and go ahead and let myself into the premises?
I don’t want to do this and would much prefer to have an amicable agreement with her. But would also like to know if I can force the issue if she doesn’t respond or co-operate.
Answer
First you need to check your tenancy agreement to see what it says about visits and inspection visits.
Most likely it will provide for inspection visits for viewing the condition of the property but not for visits for valuation purposes. This will mean that you do not have any legal right to access for this purpose.
Once you rent a property to a tenant, you lose most of your rights in respect of it (other than the right to receive rent and get the property back at the end of the tenancy). So far as access rights are concerned, you can only really go in without getting the tenants agreement first, in case of real emergency, for example if it is on fire.
Even if your tenancy agreement provides for access for the reason you require access (in this case for valuation purposes) you can’t just go in whenever you want.
If you were to go in without your tenants prior agreement for example, this could render you liable for prosecution for harassment and also for a claim for compensation for breach of the ‘covenant for quiet enjoyment’.
It is only fair to say that the landlords right to go in when authorised by the tenancy agreement but not the tenant, is a hotly contested issue and we had a long discussion about it here.
However notwithstanding some of the views expressed in the comments to that post, I am strongly of the view that a landlord would be MOST unwise to ever enter a property (save in emergency) without the tenants express permission.
This is even more important in your case as I suspect your tenancy agreement does not authorise this type of inspection visit.
In which case if you cannot persuade your tenant to allow access, you will need to either wait until she has vacated the property or see if the valuer can provide a valuation from viewing the property from outside.
Maybe this is *just* a valuation the landlord wants…but probably the landlord is looking to sell.
To be blunt [and this is not a personal dig at the landlord in question]: you might have to get your head round a void period; if the tenant doesn’t let you in.
For tenants – valuations and viewings are a big inconvenience, and there is no obligation on tenants to put up with either. Estate agents think little of turning up without notice, letting themselves in without knocking etc.. and tenants quickly become messenger; fielding off their calls and appointments.
I certainly wouldn’t oblige viewings, even it said so in my tenancy agreement. I always change the locks at the start of tenancy too – and never tell the landlord. It just isn’t all about the landlord’s convenience, and I don’t have to have any sympathy with your motives.
This tenant likely hasn’t replied because they’re too busy worrying about where they will live next now, and they just don’t want to kick-start their own eviction! Maybe they’re juggling this worry with a host of other life decisions. Maybe they’d appreciate you being more transparent with them, and offering up an honest and frank chat. They might even have some sympathy with your motives, if you manage the situation well and consider their needs in the process.
-> I certainly wouldn’t oblige viewings, even it said so in my tenancy agreement.
Would be interesting to see the outcome of a test case on this, if the landlord can show that say anther flat in the block was brought by someone that wished to view theirs….
This is often a problem. Just had a thought on a simple solution. The Tennant pays the landlord money to use the flat. If the landlord wants to use the flat for short time for viewing etc he should pay the Tennant.
This had dual advantage of allow landlord access when nessisary and also incentives in the land lord to keep this access to a minimum
@ silly sailor.
Careful now, they’ll throw you overboard with suggestions like that. They don’t like it when you upset the power balance.
@ Ian.
Such a silly comment.