Legal Eagle Q & A: Where you stand legally when selling a property that is currently let out

January 14, 2019 by Giles Wilson Solicitors

Question: I am looking to sell my property that I currently let out to a tenant. Do they have to agree to the estate agent entering for viewings or can I let the estate agent in? There is a clause in the tenancy agreement that I can enter if I give 24 hours notice for full access to the property.

Answer:  This is a good question and highlights the pitfalls of some tenancy agreements. A clause of this type allowing you full access where the tenant has not agreed to you having that access is unenforceable and could see you on the wrong side of the law with a possible harassment claim. Regardless of the clauses in the tenancy agreement you should always seek agreement from the tenant 24 hours before any intended visit to avoid falling foul of the law.  The key here is good communication with the tenant and respecting their right to ‘quiet enjoyment’ of the property, the tenant will then hopefully be reasonable in allowing access.  

This Q & A is by Giles Wilson Solicitors.