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Question

Entry and Refusal (England)

Estate agent’s access for viewings to sell a property

9 Jan 2018 | 1 comment

If a property is put up for sale with an estate agent, and the tenants are under notice with a S.21, is there any legal restriction on the estate agent taking prospective buyers to viewings ? The tenants are at work during the day.
Thanks in advance

Answer

1 Comment

  1. guildy

    The tenancy continues as normal whilst a section 21 has been served so it’s not really relevant.

    As always and subject to the terms of the tenancy, a landlord (or agent on behalf of a landlord) can give 24 hours notice in writing to inspect.

    It may be worth in the first instance sending a general letter that the property is for sale and viewings will be taking place in a short while but you will be in touch with specifics as and when.

    When it comes to arranging access, the key is not to ask whether you may attend but to just say the date and time you will be attending. If the tenant then makes contact saying that’s not suitable, you must not enter. However, if they do refuse entry in this way, that will likely be a breach of the tenancy and they may be liable for any losses you incur as a result of the breach (which can be difficult to show).

    If they don’t make contact, you may enter.

    If the 24 hours notice is being sent by post, there needs to be a minimum 4 days allowed for service and delivery. Therefore, the date in the letter for the inspection must be at least 5 days ahead. If hand delivering, it can be the following day (as long as it’s at least 24 hours).

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