If you are handling the letting of your property yourself, you will need to carry out viewings with prospective tenants. Although this is usually fairly straightforward if your property is empty, it can be trickier if a current tenant occupies it. If this is the case, you must ensure you don't breach your tenant's right to 'quiet enjoyment' and obtain permission to enter the property.

In this blog, we’ll answer some commonly asked questions about landlord’s rights to view properties and go over 10 ways you can protect yourself during property viewings. 

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Can landlords do viewings while occupied?

If your tenants are due to move out of a property, you may wish to conduct viewings in the final weeks of their tenancy. This allows you to reduce the time the property is empty. 

Although landlords can conduct viewings while a property is occupied, there are laws you have to follow, such as providing notice of the viewing, gaining your tenant’s permission, and not asking the tenants to leave the property during a viewing. 

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Can landlords do viewings without permission?

Crucially, landlords can never conduct viewing without the tenant’s permission. Even if there is a term about viewings in your tenancy agreement, tenants can still refuse a viewing (for example, because it's at an inconvenient time of day) or refuse the landlord access to the property entirely. If the tenant refuses access, you cannot proceed with the viewing. 

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How much notice do landlords have to give for viewings?

You must give at least 24 hours notice (according to The Housing Act 1988) before the viewing is scheduled. Ideally, this should be written notice (such as text or email), as having a record of their permission or your attempts to gain access might be useful if there is a dispute later on.

If you need to visit the property for another reason, for example, if you need to conduct a health and safety inspection, conduct a property inspection or carry out repairs, you'll still need at least 24 hours' notice. The only time this notice period is not required is if there's an emergency and serious risk to the building, tenants or neighbours, such as a gas leak or fire.

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10 ways to protect yourself during viewings

It’s important to ensure you comply with your legal obligations and conduct the viewings in a professional manner. At the same time, while most tenants are genuine and law-abiding, you need to consider the risk of meeting someone you don’t know and giving them access to your property.

So, here are 10 ways to protect yourself, your property and any current tenants when you’re conducting viewings:

1. Ensure you have given the current tenant the correct notice to leave

Before conducting any viewings, ensure you have received the correct notice from the current tenant. If you are asking the current tenant to leave, ensure you have given the right notice, a section 8 or a section 21 notice.

2. Give the existing tenant 24 hours' notice 

If there is an existing tenant, you must give them 24 hours’ written notice (depending on your contract) that you wish to conduct a viewing and ensure that you have their permission before entering the property. Bear in mind that they are not obliged to allow viewings during their tenancy, so unless you are on good terms, it may be tricky to arrange viewings before they leave.

3. Don’t ask the existing tenant to show the property

Never ask the existing tenant to show the property by themselves, even if they’re happy to do so, as you have a duty of care to ensure their safety.

4. Let someone know you are giving a viewing

If you will be alone at the property with the prospective tenant, let a friend, colleague or partner know what time the appointment is and have them call you after 15 minutes to check everything is okay.

5. Ask for ID from the prospective tenant

Check whether the prospective tenant person is who they say they are by asking them to bring a photo ID, such as a driving licence or passport.

6. Ensure the safety and security of the property

Arrive early so the prospective tenant cannot see any alarm codes or other security measures.

7. Think about your own safety

Try to ensure the prospective tenant is never between you and the door to a room – always think about your exit route in case there’s a problem.

8. Get to know the prospective tenant

Take the opportunity to get to know the tenant by asking them questions about their work, lifestyle, current home situation, etc.

9. Explain how the reference checks work

Explain the referencing procedures and check that they are happy and will be able to provide all the relevant documentation.

10. Trust your gut instinct

If you have any concerns about being alone with a prospective tenant or feel they are not the right tenant for the property, make an excuse to finish the viewing early.

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Protect your rental property with Lets Insure

Although prospective tenant referencing is not a legal requirement, it can be an incredibly effective tool to reduce the likelihood of property damage and rent arrears. Ultimately, it can help protect your investment.

At Lets Insure, we offer a simple-to-use prospective tenant referencing service.

Tenant referencing for landlords

We’ll handle the pre-tenancy checks on your potential tenants and their guarantors on your behalf. Our checks provide a snapshot of your prospective tenant’s financial circumstances so that you can make an informed decision about proceeding with their tenancy. 

Relying on our tenant referencing service can help save you money in the long run, for example, if you end up having to evict a tenant or they cause damage to your property. Checking references can be a time-consuming process, which you might not have the time for, especially if you own multiple rental properties.

Lets Insure also offers a wide range of other policies designed to make landlords' lives easier. This includes rent guarantee insurance, home emergency cover and deposit replacement insurance. Visit our site to view our full range of landlord insurance policies.