End of Tenancy - New Tenant Viewing*

A tenant does have the right to refuse you access to conduct a viewing; we remind them that we also have the right via inclusion of a clause within our Tenancy Agreement (IF THIS CLAUSE NOT IN YOUR Agreement use PIMS agreements. A nice letter should suffice. A polite call also assists our cause for we wish to reduce the void period between tenants 2. LEGAL COMPLIANCE CHECK Landlord and Tenant Act 1985 ? Compliant • Access must be: o with notice o at reasonable times o not forced ________________________________________ Quiet Enjoyment (Common Law Principle) ? Compliant ? Revised version: • requests access • seeks agreement • avoids unlawful entry ________________________________________ Housing Act 1988 ? Compliant • protects landlord position if tenant unreasonably refuses ________________________________________ Overall Compliance Status ? Legally safe and enforceable ________________________________________ 3. RISK & IMPROVEMENT NOTES ________________________________________ 4. PIMS PRACTICAL INSIGHT This is where landlords often go wrong. Reality: • tenants have exclusive possession • even if your agreement allows access ? you still need cooperation ________________________________________ What works best: ? polite request ? clear proposed time ? flexibility ? record of attempt ________________________________________ If tenant refuses: You then escalate: • document refusal • attempt alternative dates • show reasonableness ?? That’s what courts look for

This document is only available to pims members.
Sign up as a pims member for as little as £29.95 and get all documents for free