The proprietor's entitlement to access the rented premises
Which regulations should be adhered to?
The property owner is not allowed to enter the residence without the tenant's consent, even if they possess an extra key. Unauthorized entry could be seen as a breach of the home's privacy.
All property viewings must be scheduled beforehand and conducted with reasonable notice, at a time that suits the tenant, taking into consideration their personal and professional commitments.
Usually, the lease agreement specifies the days and times for viewings. The sole exception is in case of an emergency (like a fire or flood), where immediate action is necessary to prevent harm. Tenant's Denial The tenant has the right to peacefully use the property but cannot deny access without a valid reason, especially if viewings are allowed as per the lease agreement. An unjustified denial might be seen as a violation of the lease terms.
In certain instances, the property owner may have the right to seek urgent legal action or claim compensation if the denial hampers, for instance, the property's sale.
Duration of the first refusal right to purchase
The tenant's first refusal right to buy a property is not indefinite but arises in specific circumstances and must be exercised within the legal timeframes.
Following the official sales notice (via a bailiff or registered mail), the tenant has:
- 60 days to decide on the purchase;
- An additional 30 days to make the payment and finalize the deal, unless stated otherwise in the notice.
When is this right applicable in a residential lease agreement?
In residential properties (regulated by current laws), the first refusal right arises when:
- the landlord declines to renew the lease agreement in the initial term (e.g., after 4 years of tenancy), with the intention of selling the property;
- the tenant does not possess other residential properties.
In a commercial lease
Regarding commercial properties, this right is broader:
- it is applicable whenever the owner opts to sell the premises during the lease period;
- the sale deadline remains unchanged: 60 days from the notification date.
Right of repurchase
If the property owner sells to a third party without informing the tenant or at a reduced price, the tenant can exercise the repurchase right within 6 months from the date of the transaction registration.
