• Selling a flat with tenant

I have leased out my flat in chennai to my te a t since 01nov2016 until 31oct2023 for a sum of 26 lacs. Now i intend to sell off my flat and i have to show the flat to potential buyers. The tenant is running a company in my flat and is now refusing to allow potential buyers to view the property. As per lease agreement only owner or owners agent can visit at any reasonable time while there is no clause to allow or disallow this scenario. The tenant says that he cannot allow views but is ready to vacate as soon as i return his lease amount. Is there a law or any judgement or section based on which i can still show potential buyers my flat with sufficient viewing time notice to the tenant?
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

You can inform tenant that your agent would be visiting premises on x date 

 

2) prospective buyer can visit premises with agent 

 

3) tenant should have no problem if prospective buyer visit the premises 

 

4) there is no bar to you selling the premises during lease period 

 

5) only requirement is sufficient advance notice be given to tenant 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See you can ask tenant to allow visitor to visit flat as your agents though see tenant has paid the lease amount and he has right to retain possession and can refuse entery of any permission breaching his privacy though if there is any potential buyer you or any family member can tag along and can ask tenant permission to enter and see flat. Though you cannot force him for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

a landlord can certainly sell his property, even under a lease. 
Issue a notice to tenant in writing that your agent will visit.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. In presence of a tenant no good buyer would be willing to buy your property.

2. SO first get your property vacated by the tenant and then go for selling it.. A tenanted flat would not fetch a good price.

3. So return the security deposit and make him quit the flat. once it is vacated go for selling it. it would attract good prospective buyer.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It's your place he can't stop your from entering your property and show potential buyers. You just have to inform him in advance or can take once his working hours are done

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Sir 

it will be better if you get the house vacated and then sell it, as you will also have to have a new rent agreement executed between the new buyer and more over no prospective will prefer a tenant already staying there.

No he can no stop the property from being viewd. Kindly pay his security amount and let me go.

 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have entered into an agreement to lease, and now the tenant is not allowing the view to others.
  2. Let me tell you that as per the reading of the above mentioned clause in the query, it talks about any reasonable time to visit the place only, but it doesn’t talk about the intentions/ purpose of visiting.
  3. So, the tenant can’t stop you for showing the same to intended buyer.
  4. In fact, his own statement to allow if amount paid shows that he has been creating problem for you even after knowing that he won’t be vacated till the time he has been paid all the money back.

Rest, if you like my answer then you can contact me through Kaanoon for further legal assistance on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. The tenant is bound to allow the landlord to inspect the property and also give access to potential buyers.

2. Serve a lawyer's notice to the tenant to allow you to show the property to prospective buyers. If he does not do so then you may file a petition before the rent controller and seek appropriate orders in this regard.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) You have full rights to sell youe flat if you have made such provision in the lease agreement.

 

2) Otherwise you can ask buyer to visit your flat as being his customer or client which company he is running accordingly can have a look of a flat.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Typically the Lease-Holder CANNOT refuse inspection of the Property to the Owner or to the Owners representative or Owners POA holder, UNLESS it is a issue of his Security or Privacy, which cannot be breached, atleast legally.

2. Another way is to declare to the Tenant that his Tenancy would continue with the New-Purchaser and hence inspection may be allowed. Owner may also take a proper Video Recording of the property to show to his prospective intending purchasers.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi,

You are suggested to talk to the tenant politely and if he is not listening send a legal notice for allowing us to visit the premises. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Sir,

It is implied that the owner can show is property to anybody including potential buyers and the lease holder cannot prevent the owner from doing so.  Get issue a legal notice and if the lease holder makes any issue then terminate his lease and take possession.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Certainly if visitors come to see the premises, it would affect the tenant's business working

You can give him a prior notice though informing that you intend to show the place to potential buyers and also inform the time and day in advance

The owner is entitled to visit the premises for inspection and survey, either by himself or through agent, but if he wishes to sell the place and has to show it to various buyers, then that is certainly a nuisance to the tenant

There is nothing which can be done legally for this

Only way is to request the tenant to cooperate 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. AS per the lease agreement he will continue to be your lesee till 31.10.2023 and you beingthe leasor have the rightb to visit the leased premises.

 

2. He has the right to disallow any third party to enter in to his said leased premises.

 

3. You can send your potential buyer as your agent to visit your said place.

 

4. It is natural that the l;esee will not like the property to be sold before the lease period is over unless his lease right till 31.10.2023 is safe guarded for which you shall have to negotiate with him accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You cannot sell the house if you have a tenant under a registered lease agreement for a particular period before the expiration of the lease period.

However if the buyer is willing to buy the property with the tenant remaining there till the expiration of the lease period, You may convince the tenant accordingly and show him the premises.

If the tenant agrees to vacate then you may arrange for refund of thel ease amount and get him vacated.

 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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