Gaining access for selling/viewings, conflicting information being messed around..

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63 Posts
1 month ago

My tenant, young lad, has given me one months’ notice to terminate the tenancy which I accepted.
I’m selling the property, (I’ve had enough of PRS) and I arranged with the tenant for an estate agent to value and take photos of the property which the tenant agreed to. (Clause in AST, to permit access during the last 60 days of tenancy for viewings for prospective tenants or purchasers). He asked if I could wait a week as he will start moving out and clear items away and will be out asap. Silly me, I allowed him the week. I arranged with the estate agent, so the tenant had six days’ notice of the time and date of agents visit.
The evening, the day before the arranged meeting with the agent, the tenant text me that he must isolate due to COVID, (10 days isolation) so I had to postpone the agent. On the ninth day I text the tenant to check that all is clear and if I could arrange with the agent for access on the eleventh day, (to be sure out of isolation). Tenant advises me he had a positive test outcome and would be isolating for a further three days. I then receive text from his mother saying he’s been suicidal and is being treated for mental health issues and has advised me she is acting on her son’s behalf. She has requested that I do not contact my tenant, (her son) and all communications is to go via herself. She has given me permission, via text, to enter the property for the agent and to give the agent a set of keys for viewings for potential buyers. For the second time, I have arranged with the agent to meet me at the property. Again, late evening, 23:40, day before arranged meeting with agent, I receive text from tenant, (who’s mother advised I refrain from contacting him), says he has not managed to clear everything out and bags and sensitive documents are about the property and has insisted I delay the agents visit until the end of his tenancy, 3rd August 21. I have sent a text, still waiting for reply, although late evening to his mother, (who I know I don’t have a contract with).

A like for like apartment in the block was sold in two days when put on the market three weeks ago.
I feel potentially that my property, given the above example and the current demand for property, would have sold (STC) within a short time and the sale process could have commenced a few weeks earlier so this delay will potentially cost me an extra month’s cost’s, mortgage, council tax, management fees, ground rent insurance etc. (I know the COVID issue is out of anyone’s control and that’s if what he claims is true).

Bottom line is this.

  1. I want to gain access for viewings to sell
  2. Tenant agreed but initially delayed, then had to isolate, then extended isolation
  3. I’m informed by tenant’s mother that tenant is suffering mental health issues
  4. All communication to go via mother and I’m not to contact tenant
  5. Mother agrees via text for me to enter property with agent
  6. Received text from tenant, last minute for second time, (who I’m not to contact) refusing to give me permission to enter the property until the end of the tenancy.

The tenant is in breach of contract not allowing access and is also in one month’s arrears.
Where do I stand with this as I’m given permission to enter by tenant’s mother but tenant contacts me refusing me permission to enter but I’m advised by mother not to contact tenant due to him having mental health issues and has been suicidal.

CAN I GO IN? as I have text as evidence from mother giving permission but no official document but if nothing official, can I contact the tenant who’s mother says not to contact him.
Can I claim for delay in marketing the property resulting in potential extra cost of expenses?
If I intended to re-let, this would have resulted in a delay in viewings and therefore delay in selecting a suitable tenant.

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