Can current tenants stop you showing potential new tenants through?

[Tulip]

Hi,

I have a property with a property management firm, who have been great, but there's just one question I'd like to ask - My unreasonable tenant who is leaving in 2 weeks (thank goodness) is likely to refuse to allow the property manager to take potential new tenants through. My PM believes that they have to give permission and we cannot insist that she does so. This obviously has potential financial implications for me but will give me more anger management practice with this one. Is this correct?

Thanks

[Damap]

Whether they can or can;t legally the answer is yes. You can't show a house with a tenant making a scene or abusing who ever comes to look. Just wait.

[Tulip]

True, put it like that and it wouldn't be worth the fuss.... It just shows how important it is to choose reasonable tenants in the first place. Thanks

[Damap]

We've all had a tenant from hell at some point. I heard someone once say they offered to pay a difficult tenant a grand if they made sure the place was presented well and they "helped" him sell the place to the potential buyer, (he was selling obviously), worked a treat they said!

[Perry]

I have a property with a property management firm, who have been great, but there's just one question I'd like to ask - My unreasonable tenant who is leaving in 2 weeks (thank goodness) is likely to refuse to allow the property manager to take potential new tenants through. My PM believes that they have to give permission and we cannot insist that she does so. This obviously has potential financial implications for me but will give me more anger management practice with this one. Is this correct?

As commented already, the angst of an existing tenant can be a turn off for a prospect.
However, the tenant cannot prevent prospects from being shown through, pursuant to
the RTA. To do so is an unlawful act.

48 Landlord's right of entry
(3) With the prior consent of the tenant, the landlord may enter the premises at any reasonable time for the purpose of showing the premises—
(a) to prospective tenants;
(3A) For the purposes of subsection (3), the tenant—
(a) may not withhold his or her consent unreasonably; and
(b) may make the consent subject to any reasonable conditions.
(4) The following are each hereby declared to be unlawful acts:
(b) failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (3).

[Damap]

Try enforcing that in the next 2 weeks Perry :-)

[Perry]

I agree it's a waste of time, but that's the
nature of the RTA and agro tenants.

Whether or not it's worth having a go,
after the tenancy end is moot.

Plus - of course - Schedule 1A Amounts
for unlawful acts just so happens to omit
a penalty amount for tenants. Funny, that.

But, not to worry. Dil Bleatley had it all
under control, according to his March
2011 letter:

Dear Perry

Thank you for your email dated 22 February 2011 regarding the Residential Tenancies
Amendment Act.

The absence of a cap on the amount of damages that may be awarded when tenants
unlawfully refuse entry was a drafting omission, which I intend to rectify via the next
statutes amendment bill.

Meanwhile, it is expected that the Tenancy Tribunal will take a proportionate approach
to awarding exemplary damages, having regard to the maximum amounts for other
breaches of the Act.

Thank you for taking the time to write to me.

Great expectations!

[Nice]

Surely this is what you pay a good PM to negotiate through ? Sounds like you are paying them, then worrying about all aspect of their job performance as well.

Out of interest, who selected the current tenant ? Yes, sometimes some of them can be a pain, but facing up to them and discussing the situation in reasonable terms usually works a treat. And that is what you pay a good PM to do for you.

[chrisrussell]

Hi. As Perry states. Basically you/PM can't withhold unreasonable access (illegal act). However, you can force your way in (also illegal act). You would have to retrospectively apply to the tribunal for damages, which should rule in your favour. Usually the verbal threat of paying damages, or the withholding of a bond until the tenancy tribunal (weeks after the tenancy has ended) usually works for us. That is your best option.
Good luck.
Chris