LL has unexpectedly died - we are subject to probate..help!

Tygermoth

Hello all,

Need a bit of info about how inheritance and probate works. This is not for me but involves me in the long run.. I will explain.

We took on a dilapidated cottage on a country estate as a long term rent (renewed every twelve months) The agreement was via the landowner + Trustees and we were assured that the property could not be sold due to it belonging to the estate whole. (our last LL of four years sold the house from under us without telling us until the day after he signed the house over to the new owners…. so we did not want to be in this position again)

The property was in a poor condition but over the last five years we have done wonders with the place. Added log burners, restored the oak flooring hidden under filthy nasty worn carpets, plumbed the outhouse to make a utility. repaired and updated the drive and fencing as well as bring the garden under control and reglazing the green house. We treated the house as our own because of the assurance this would be a long term let as promised. (the rest of the cottages are let and we are the shortest, most others have been there upwards of 10 years to 35 years adding credence to their assurances)

Saturday we had a hand delivered letter advising that the Landowner had sadly and unexpectedly died and this property was to be valued for probate immediately.

Now this has put the wind up us as we were specifically advised the property could not be sold under any circumstances. so to my questions….

Does probate mean the house will be have to be sold?

Will taxes payable be due immediately after probate is resolved? (the family and estate are pretty much broke and make it more likely property/assets will have to be sold to pay taxes)

How long can a contentious probate take (I guess the answer here is going to be 'how long is a piece of string'…) added to the mix the family of the deceased are fighting hard and dirty already over monies/land and properties left.

Does the fact we are tenant afford us any rights?

I have been told they have to offer the house to us, if put up for sale, at a reduced rate (I think this is codswallop and may be confused with social housing, but the person in question is adamant this is the case)

We don’t have the funds to get a months rent in hand, deposit and ref fees for a new place and really are bricking it! so any insight would be great.

Jowo_2

When does the fixed term of the AST end?

Many local councils offer a deposit guarantee scheme for those on low incomes, benefits or housing need. Check if your council runs one and the criteria for receiving it.

Tygermoth

Thank you Jowo for your swift reply.

We are to renew in November for the next year.

I called the council this morning regarding any assistance and the Lady basically just laughed down the phone at me. We are a heterosexual couple, no kids and none on the way, we work... nothing for us apparently

She also said until we know what’s happening re the house they would not assist.

clutton_2

if the trustees are fighting over money they will want you to stay till the last possible day as a rent-paying good tenant.. so i should not worry about getting thrown out anytime soon..

probate is a process under which the deceased's assets and liabilities are investigated and listed and then a Certificate of probate is granted - the length of time will depend on if there was a will, on how many folks benefit from it, on whether the family cooperate with the Executors .. lots of things can delay probate....

nevertheless... as a tenant you have rights.... if your fixed term has ended you have to be given 2 months notice (to end on a rent day) - but even then you dont have to move out ... your landlord will have to take you to court to get a court order to get you out and that will take 2-3- months and then the judge will give you another month.. so try not to panic.....

read Shelters website there is a wealth of excellent information on there.

Once you have some firm information you might also post on www.landlordzone.co.uk forum which is excellent as there are lawyers post on there

good luck



just seen your second post... have you got a break clause in your agreement - read it carefully

Jowo_2

Shelter is your best bet for expert advice.

They also have a section on homelessness which details the local council's statutory obligations for the homeless which is defined as not having anywhere to live within the next 28 days. Most local councils simply cannot offer social housing to every tenant who has insecurity of tenure or receives notice to quit. They will generally not intervene until much further down the legal route to eviction. They are only obliged to offer accommodation to those in priority need, such as those with dependents and the vulnerable. I understand the pressure you are under but insinuating that gay people are treated more advantageously by local council housing departments is baseless and spiteful. Most local councils, due to high demand on their services and low resources, will not offer sought after social housing to healthy working adults with no dependents. There are millions on the social housing waiting lists, very little stock, very little turnover, and there is an expectation that people in employment should rent in the private sector.

Nonetheless the Shelter guidance on this topic is very good and it will advise you of your rights and the local councils obligations.

stebiz

Tygermoth wrote: »

Thank you Jowo for your swift reply.

We are to renew in November for the next year.

I called the council this morning regarding any assistance and the Lady basically just laughed down the phone at me. We are a heterosexual couple, no kids and none on the way, we work... nothing for us apparently

She also said until we know what’s happening re the house they would not assist.

If you both work, isn't this a great time, to offer to buy the property?

Tygermoth

Hi Clutton,

I am at work at the mo. I will go through the agreement when i get 'home'.

Many thanks

Tyger

Tygermoth

Thank you again Jowo,

In relation to the coments posted... this was not what i said... it was what the Lady from the council said almost verbatum

My or my partners sexuality bares no basis on this situation.

stebiz - i would love to buy the property, we just could not afford the deposit - i expect the house to be valued at £250k (because of the land that will come with it) even though
for example the plumbing is dire, the boiler is shot, the windows are rotting and the electrics are random. The drive floods, the garage is asbestos, the water mains burst regularly, there are rats from the allotments oposite and heating is inadequate. is a two bed with the bathroom down stairs and the kitchen has no storage or spaces for white goods. (hold on a sec… why do I want to live here….??)

Jowo_2

Tygermoth wrote: »

Thank you again Jowo,

In relation to the coments posted... this was not what i said... it was what the Lady from the council said almost verbatum

My or my parners sexuality bares no basis on this situation.

That's very unprofessional of her - gay people have absolutely no advantages when it comes to assistance for housing nor have they sought anything other than basic equality. In fact, until labour came to power and changed legislation, it wasn't uncommon for housing associations and local councils to evict the gay partner of the tenant from the property upon their death rather than assign it, which they tended to do for straight couples. Nasty cow, she is.

But yes, the principle is that the local council is only obliged to offer accommodation to certain vulnerable and needy groups - everyone else is likely to get advice only or short thrift.

Tygermoth

I should mention i do not expect to be housed by the council - should we have to move it would be to another private let because as Jowo quite rightly states the council have much more to deal with than us as in the grand scheme of things we are better off than most.

However it does not mean i am not upset as i may lose a place i thought was my home. That i do no worry where we will get the money from for ref, credit checks and deposits. Worry about Who rents houses to people that have 11 Chickens, 4 Cats, a Dog and 2 cars.

Knowing how probate is settled and if money is due to the Tax man asap gives and indecation to if the estate will have to sell to pay a tax bill. This will give me a better idea if the houses will have to be sold.

Suzy_M

I don't know what size the estate is or if it has been in the same family for generations -

You refer to "Trustees" before the landowner died
and
"specifically advised the property could not be sold under any circumstances".

It sounds as though a Trust may have been set up to manage the estate, possibly in order to keep the estate together - and even protect it from the squabbling heirs!

Do check through your agreement thoroughly and perhaps seek professional legal advice but if there is an estate manager / land agent / factor (not related to any heirs) or whoever you dealt with for rent etc. it may be worth having a chat with them.