Tenant denying access to a landlord/Agent for viewing- What to do?

A Rental Retainer Club and RentDoc member posed this all too common situation to us and frankly it’s a very awkward one for landlords and agents.

The question:

We have an unresponsive tenant who is not being amenable to allowing various estate agents to access the apartment with a view to selling the unit.

I have sent correspondence  many times with proposed dates etc. and haven't had a response. His cell number also is just going to voicemail.

Please advise what rights we, as agents, as well as the landlord have with regards to gaining access and doing viewings etc?

Our Answer:

I am of the view that the tenant has absolutely no right to withhold access to the property.

In this regard, I note that the landlord’s request for access is reasonable, and the tenant has been afforded reasonable notice in the circumstances.

The request therefore meets the requirements of Section 4 of the Rental Housing Act, and there can be absolutely no basis for a refusal of access on the part of the tenant.

Unfortunately, there are no cost effective ways to compel to the tenant to provide access to the property on an urgent basis, and I would therefore recommend sending the tenant a formal letter of demand, detailing the following:

1.   The fact that access has been requested on reasonable notice to the tenant;

2.   That the tenant’s failure and/or refusal to respond to the landlord’s request for access constitutes a breach of the tenant’s in terms of the lease agreement as well as the Rental Housing Act;

3.   That failure to respond to the request for access (within a reasonable time), and arranging for access to be granted to the landlord’s duly appointed agents, may result in further legal action being taken, and that landlord will seek to hold the tenant liable for the costs incurred as a result of such action;

4.   That should access not be forthcoming within 20-business days of the date of delivery of the demand, the landlord will construe the tenant’s actions as a failure and/or a refusal to remedy his breach; and

5.   That the landlord may then elect to terminate the lease agreement forthwith, and apply for his eviction from the property.

About the Author:

Marlon Shevelew is the director of multi award winning Marlon Shevelew and Associates Inc. www.marlonshevelew.co.za, a Cape Town-based law firm specialising in rental property, sectional title, contractual, consumer and company law. Marlon is the previous author of the TPN Residential Leasepack, the current author of PayProp’s rental documentation and preferred rental property attorney to the Institute of Estate Agents South Africa (IEASA), the Rental Housing Tribunal Western Cape, presenter of the Advanced Residential Property Law Seminar endorsed by the University of Cape Town and the director of the top rental property law firm in the country, according to several international publications. Marlon also created the unique Rental Retainer Club and RentDoc which offers clients affordable legal fees for rental property-related matters. Marlon is contactable on marlon@marlonshevelew.co.za  anytime for more information on these services.