Tenant just sms to cancel viewing Sat morning

My IP is in WA. Last Friday tenant gave me 13 days notice that she was breaking lease and moving out.
On Wednesday I sms her (no email address) to confirm Sat 10am viewing ok. She said yes.
Advertised and have prospects ready to inspect.
11 hours to go and she sms me to cancel and say she wasnt ready so was canning the open.

On the Dept of Commerce, rights of entry say lessors can enter for Opens if they are within the 21 days from vacancy and have given reasonable notice in writing (SMS is acceptable writing I understand) and the tenant gives their consent. She even said verbally to let myself in with the key.
The timing of the open was totally within the guidelines.

I sms back and said I was turning up with 3 prospectives (and reminded her that I was allowing her to break lease and I needed her help to get it relet as soon as possible). She hasn't replied and could easily play dumb tomorrow.

Has anyone had any practical experience of turning up on the day and being told not to enter?
 
Call her!

I'd go there tomorrow, she's breaking the lease and telling you just before the viewing that she doesn't want you to come in.
 
Yeah you could technically do it, but why would you? Why not just call it off for now?

Because its rude and bad business to have an open house and not be there for the prospects with only 11 hours notice.
2 or 3 days notice would be ok.

And it lets them know its ok to do that for the next landlord.
Its not ok.
 
Because its rude and bad business to have an open house and not be there for the prospects with only 11 hours notice.
2 or 3 days notice would be ok.

And it lets them know its ok to do that for the next landlord.
Its not ok.

Uh, you just cancel with the people that are coming...

The alternative is potentially even worse - go there with potential tenants and have what exactly happen?
 
thatbum: Why would you let a tenant that's breaking the lease dictate the terms?
I'm all for treating tenants respectfully, but if they clearly show no regard for me, why should I treat them any better and be financially worse off for it?
 
thatbum: Why would you let a tenant that's breaking the lease dictate the terms?
I'm all for treating tenants respectfully, but if they clearly show no regard for me, why should I treat them any better and be financially worse off for it?

I'm not even talking about what's respectful and whatnot - I'm talking about doing what's legal and what's in a landlord's best interest.

So far I haven't heard much logic that would actually be to the landlord's benefit.
 
It's annoying but you don't have any option but to cancel the showing this morning.

thatbum, isn't permission to enter revocable? If so, wouldn't the landlord be trespassing if they go there?
 
I don't know the rules in WA, but if this happened to me (and we are holding one of these this morning with the tenant's blessing and cooperation), I would call the tenant and see if I can get them to get back on board. If not, I wouldn't show any prospective tenants through with a negative and/or uncooperative tenant there, or enter if it is empty, not knowing what the place will be like.

I'm also guessing you could say to the tenant that if this cancellation of the lined up viewings means it is empty for another week or two, then they will be paying for that (depending on the break lease rules in WA of course).
 
You really need to get this sorted out, turning up and hoping for the best is a really bad plan.
Phone the existing tenant and remind her that you are doing her a favour showing prospective tenants in as she will be paying the rent until the end of the lease period.
 
I agree

Just call her and discuss it.

There might be a problem which is easily solved by a five minute chat.
 
If it was in VIC, I would re-book that property inspection for another day. Then sent a tenant the written notice (at least 24 hours but no more the 7 days prior to the open) that I am going to enter the premises on the XX day at the YY time to show prospective tenants through the premises (within 14 days of the lease termination date).
 
It's annoying but you don't have any option but to cancel the showing this morning.

Yep I agree.

thatbum, isn't permission to enter revocable? If so, wouldn't the landlord be trespassing if they go there?

The permission isn't really revocable in a legal sense - technically the LL doesn't even need the tenant's permission as long as the appropriate notice is given.

As others have mentioned though, trying to hold a home open with an uncooperative tenant is just a ridiculously difficult situation and probably not worth a LL's time and the potential risks of what could go wrong.

I agree with the people saying that its still the best course of action to keep trying to work with the tenant still, despite how frustrating it is.
 
It was all sorted and tenant ok and house ok.
One group showed up and are interested.

Thanks for all the comments. They were helpful.
 
Back
Top