Are we forced to allow viewings while we are renting?

cokito1 · 09-08-2021 07:04PM #1

Hi, I have an issue with my current landlord and I would like to ask you some doubts I have.

My current tenancy contract ends 21/09/2021 and my landlord just told us that he wants to sell the apartment so we have to move.

My first question is should he send us a termination letter or as in our contract it says that the end of the contract is 21/09/2021 it is not necessary?

In the contract it says: "At all reasonable times during the Term and any renewal of this Agreement, the Landlord and its agents may enter the Property to make inspections or repairs, or to show the Property to prospective tenants or purchasers upon the greater of 24 hours' notice to the Tenant."

But then I saw in threshold .ie this:

"Approaching the end of your tenancy, your landlord or agent may seek access for viewings by potential tenants or buyers if the property is being sold. There is no right under the Residential Tenancies Act 2004-2019 for a landlord to access a dwelling for the purposes of viewings to prospective purchasers or tenants. Where there is a clause in a lease to this effect, the RTB Tribunal have indicated that any requirement to facilitate two or more viewings a week in the last month of the tenancy would breach the tenants right to peaceful and exclusive occupation of the dwelling. In the absence of a lease or specific provision, a tenant may agree to a compromise between the parties to facilitate viewings, bearing in mind the RTB Tribunal’s ruling. Any viewings should be arranged at reasonable intervals at a date and time agreed in advance."

Our landlord wants to show the apartment to potential buyers starting next week. Can we deny it or we have to allow it because we signed that in the contract?

Thank you very much and sorry for the long text, I'm a bit worried about having extrangers on my apartment while I'm here or while I'm outside...

cokito1 · 09-08-2021 07:28PM

Anyone?

09-08-2021 07:29PM

"Approaching the end of your tenancy, your landlord or agent may seek access for viewings by potential tenants or buyers if the property is being sold. There is no right under the Residential Tenancies Act 2004-2019 for a landlord to access a dwelling for the purposes of viewings to prospective purchasers or tenants. Where there is a clause in a lease to this effect, the RTB Tribunal have indicated that any requirement to facilitate two or more viewings a week in the last month of the tenancy would breach the tenants right to peaceful and exclusive occupation of the dwelling.

I'm not an expert, but I read that and would take it to mean that because there is a clause, one viewing a week would not be a breach of your rights.

Honestly, I'd think I'd come to an arrangement with the landlord to allow maybe two viewings a week. Think how awkward they can make things for you (delay returning deposit, refuse a reference if you're looking for another rental property) if you make things awkward for them.

Dempo1 · 09-08-2021 07:37PM

My reading of this is the RTB clearly state yes but only if its detailed in a rental agreement, which you say it is, however....

The RTB also mentions there's a reasonable limit to how many reasonable viewings are permitable. In essence you need to clarify how many viewings are permitable within a specified period of time, for example, one a week, 2 a week etc.

Obviously I can advise you to refuse permission but given your lease won't be renewed after September, the ball is in your court on how flexible you wish to be.

To surmise, no you can't refuse (and only because of the clause inserted into lease) but can dictate how many viewings are acceptable to you 😉

cokito1 · 09-08-2021 07:59PM

https://www.boards.ie/discussion/comment/117729968#Comment_117729968

https://www.boards.ie/discussion/comment/117730005#Comment_117730005

Okay thank you all for the answers, I'll try to do the process as much comfortable as possible for both sides, I just wanted to know my rights. Thanks!

Dempo1 · 09-08-2021 08:01PM

https://www.boards.ie/discussion/comment/117730103#Comment_117730103

No problem but obviously think of yourself first, whilst being reasonable if you get my meaning, good luck 😊

handlemaster · 09-08-2021 08:07PM

Got to love been a landlord in Ireland. Dont see why the Tenant would want not to allow the viewings.. I'm sure OP you could refuse but thats just been an A**. Do you really want the karma ?

cokito1 · 09-08-2021 08:12PM

https://www.boards.ie/discussion/comment/117730142#Comment_117730142

I don't feel comfortable having extrangers in my place, basically because of the covid and because I work from home so I can't be interrupted to show the apartment... If I can agree something like having a couple of views in the weekends it's fine, but my landlord is asking to allow giving a set of keys to the agent...

Seve OB · 09-08-2021 10:09PM

What are extrangers?

MrMusician18 · 09-08-2021 10:11PM

https://www.boards.ie/discussion/comment/117730732#Comment_117730732

Strangers. But you knew that. No need to be a knob.

Flinty997 · 09-08-2021 10:17PM

Doesn't matter who has keys, the LL or his agent the same rule applies.

Jmc25 · 10-08-2021 09:08AM

https://www.boards.ie/discussion/comment/117730142#Comment_117730142

I sold recently and facilitating viewings was a pain in the arse. At least there was a financial gain for me in doing so. OP has nothing at all to gain from this and in fact is negatively impacted by having to move out.

Most landlords wait until the tenants are gone before listing for sale. In fact that would be the advice of most sales agents - sell only when you have vacant possession to avoid trouble down the line if the tenant overholds.

Having said all that, I agree with the general consensus here that OP should facilitate a couple of viewing timeslots per week. Maybe a couple of hours one evening and a couple of hours on Saturday morning.

ztoical · 10-08-2021 11:58AM

How long have you been living in the property OP?

agoodpunt · 10-08-2021 11:59AM

Viewings are a major inconvience and if having to go out to a market that is about to get more exp with limited supply, all tenants renting know LLs are exiting quicker as further pop restrictions will be heaped on till there are only reits left.

An accountant was telling him most LLs are trying to exit before SF (anybody with a second house will be criminalised) come to power so the next 2 yrs a race they wont be able to touch the reits as they will be to strong.

Friend of mine has some tenants wont allow in the building he has bent over backwards to reasure and is trying to sell with them staying.

he says sadly the ones who allow may also suffer agent has advised him to get rid of them all and sell vacant.

One tenant woundnt allow the Eng access to do a ber cert dispite been given several days notice.

He says they wont get a reference from him

The public wanted this and voted for it...

JimmyVik · 10-08-2021 01:01PM

https://www.boards.ie/discussion/comment/117731712#Comment_117731712

But another investor might buy it and allow the tenant to stay if they want.

Being an a** will surely effect the chances of that happening and also your current landlord wont give you a good reference.

Remember that most landlords now ask for refs from your last 3 landlords too. Ususally they phone them because paper refs are not really worth reading. Current landlords will write anything to get the tenant to move out smoothly, so ringing the referee is the only way to check.

MacDanger · 10-08-2021 01:44PM

I wonder if people were in the process of trading in a PCP car with a garage, would they allow the garage to get prospective buyers in to test drive the car before they had actually traded it in? Or would they expect the garage to just wait until they had taken possession of the car?

JimmyVik · 10-08-2021 01:56PM

https://www.boards.ie/discussion/comment/117732943#Comment_117732943

What a nonsensical comment :)

Are we forced to allow viewings while we are renting?

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