Tenants Refuse Viewings: Buyer Faces Delays, Must Secure Vacant Possession
A buyer faces a dilemma as tenants, who received a termination notice, refuse property viewings. Enforcing access is difficult, so the buyer's main focus must be securing vacant possession. The sale should be conditional on the property being empty, with legal verification of the termination notice.
A prospective buyer is interested in a house where existing tenants, who received a termination notice earlier this year, are refusing viewings. The landlord confirmed tenants will not permit access while they remain in occupation. This situation, though uncommon, is becoming more frequent due to housing supply shortages.
While tenancy agreements often stipulate reasonable access for viewings, enforcing this against unwilling tenants can be difficult and slow, even through the Residential Tenancies Board. Tenants often believe they are not legally obligated to facilitate viewings as the property is their home until the tenancy ends.
The primary concern for the buyer should be securing vacant possession. It is advisable to speak with the selling agent for insights into the timeline and cooperation level. If proceeding with the purchase, the buyer should make the sale conditional on obtaining vacant possession before finalization, with a solicitor checking the validity of the termination notice to ensure enforceability.