I am interested in purchasing a house, where the existing tenants are refusing to allow viewings while they are still in occupation. The property is let to a couple who received a notice of termination earlier this year. I have expressed my interest in buying the property, but the landlord has explained that the tenants will not permit any prospective purchasers to view the interior while they remain in situ.From what I can gather, some tenants take the view that they are under no legal obligation to facilitate viewings during their tenancy and regard the property as their home until they leave. I have been told that prospective buyers often either wait until the property is vacant before proceeding or make any agreement to purchase expressly conditional on securing vacant possession before closing, with appropriate clauses in the contract. I really like the property. How should I proceed?How frustrating for you. While still relatively uncommon, situations like this are becoming more frequent as shortage of supply continues to impact every aspect of the property market. Ideally, a property would be marketed once a tenant has vacated, as it avoids questions of vacant possession and access for viewings. When situations like this arise, it highlights the tensions that can exist between landlord and tenant.One practical step is to speak with the selling agent to gain a better understanding of the situation. While the agent may not disclose every detail, they can often provide useful insight into the likely timeline for vacant possession, the level of co-operation received, and whether access may become available later. Most tenancy agreements stipulate that a landlord has reasonable access for inspections, maintenance, valuations or sale-related viewings.[ We are sale agreed on a property, but the vendor won’t move outOpens in new window ]On paper, this appears straightforward. In practice, enforcing these against an unwilling tenant can worsen an already strained situation. Although refusing access may breach the tenancy agreement, the mediation process with the Residential Tenancies Board can be slow and may not result in the owner gaining access in the required time frame.From the tenant’s perspective, the property remains their home until the tenancy legally ends. Many tenants believe they are under no obligation to accommodate agents, surveyors and prospective purchasers during what can already be a stressful period. Whether one agrees with that position or not, it is often the reality.From the owner’s perspective, they are exercising their right to sell their property.In my opinion, your concern should be ensuring vacant possession if the sale proceeds. While access for viewings is desirable, certainty that the property will be vacant on completion is often far more important from both a practical and legal perspective. If you complete the purchase before the tenants have left, you could be faced with further delays or disputes.For this reason, if you consider purchasing the property, ask for a check of the notice of termination’s validity to ensure it can be enforced. A solicitor can assist with this, including protections that make the sale conditional on vacant possession being obtained before the sale is finalised.Ultimately, if this is the property for you, it’s worth seeking out as much information as possible and protecting yourself as best you can.Shirleen Rigby is a property managing agent and an associate member of the SCSI Shirleen Rigby is a property managing agent and an associate member of the Society of Chartered Surveyors IrelandDo you have a query? Email propertyquestions@irishtimes.comThis column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content