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Open Inspections When Property Is Tenanted

By Michael Walkden

You’re thinking of selling your property or are currently on the market, but the home is rented…

You’re a current tenant leasing a property and the owner is thinking of selling…

Can access to the property be denied?

Under Section 72 (g) of the Residential Tenancies Act 95 a property owner is well within the rights to show the property to prospective buyers. Below is an excerpt of the relevant Section.

“72. (1) It is a term of a residential tenancy agreement that the landlord (or an agent of the landlord) may enter the premises —

….(g) to show the premises to prospective purchasers, on not more than 2 occasions in any 7 day period (unless the tenant has agreed otherwise), but only —

(i) at a time previously arranged with the agreement of the tenant (who must not unreasonably refuse to agree to times when the premises are to be available for inspection by prospective purchasers); or

(ii) if agreement cannot be reached with the tenant—at a time within normal hours of which the tenant has been given reasonable notice.”

In short, access to the property cannot be denied, however, reasonable notice must be provided to the tenant and no greater than 2 inspections per week.

To avoid any issues we recommend discussing access to the property openly and both parties compromising to assist each other. Once agreed, providing a schedule of inspections to all parties so that everyone knows what duration the inspections will be and when they will be held well in advance.

If you have any questions please make contact and we’d love to run through your queries.

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