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Landlord Legal Issues

Q. I want to sell my rented property as an investment property but the tenant is refusing to allow us access with prospective purchasers to do an inspection. What can I do?

A. First you need to check your tenancy agreement. Some tenancy agreements provide for the tenant to give access for this but not all. Some limit the landlord's inspection rights to inspection for the purpose of viewing repair and the annual gas inspection. Others just provide for access with prospective tenants not for prospective purchasers of the property.

If there is a clause, it should provide for not less than 24 hours written notice or it will almost certainly be invalid.

However, even if the tenancy does provide for this, you cannot just force your way in if the tenant does not want you to have access. It is his home after all. You will just have to negotiate a time with him which he is happy with.

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