Tenant denied access for Photos

Discussion in 'The Buying & Selling Process' started by Jigmeister, 24th May, 2016.

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  1. sanj

    sanj Well-Known Member Premium Member

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    it is definitely good enough reason, it just has to observe the appropriate notice period. in the event of the notice to vacate being given shortly after the tenant has invoked their rights in some way, be it for non-maintenance by owner or not agreeing to an owners particular request that might impact their quiet enjoyment of the property then it opens the door to the argument that the notice is retaliatory.

    in fact in @Jigmeister example it does appear to be somewhat retaliatory. eg, he wanted to take photos and sell property with existing tenant in place (not an unreasonable request in any way). tenant said no and he said bugger this it's my property so im going to get you to move out and then ill do it. the link between tenant enforcing their rights and owner giving notice to vacate is far from tenuous.

    again, @Jigmeister has probably done what most of us would, just explaining where i see potential legal grey areas
     
    sanj, 25th May, 2016
    #21
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  2. wylie

    wylie Moderator Staff Member

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    Okay. I just re-read the original post and it says the tenants were told the house would be sold, but doesn't say they were told it would need to be empty. If that is the case, I guess they might think it is retaliatory. We once had tenants who knew the house would be sold, and knew the lease would not be renewed.

    They were passive aggressive, allowing photos but not doing anything to clean for open houses, leaving dirty clothes on floors, dirty sink and benches. Worse still was they were real estate agents. They knew what they were doing :rolleyes:.

    We didn't continue on this path and waited another year and sold it empty and dressed.
     
    wylie, 25th May, 2016
    #22
  3. wylie

    wylie Moderator Staff Member

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    We also once sold a house with tenant's full cooperation. He wanted to move, but held the cards. He allowed all we wanted, kept the house beautifully clean and tidy in exchange for one month's notice to leave and that month was rent-free. He was a solicitor so we ensured it was all documented. Win win.
     
    wylie, 25th May, 2016
    #23
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  4. Sackie

    Sackie Well-Known Member

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    Been there, done that. The tenants are within their rights. Nothing you can do but wait your 90 days. I would be nice to them too in the mean time as that 90 days can be hell and also easily go on for another 90 days if they want.

    In these situations when you have a legal leg to stand on, it can still be a touch and go situation. In your case your legless. No expert on tenancy laws though.
     
    Sackie, 25th May, 2016
    #24
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