Tenancy agreement void?

pmlindyloo

Am posting this for JKG1312 as he tacked his question onto an old thread below.


Can someone help? New agreement signed by someone from the letting agency, not the landlord as he was dead!


Can someone please advise.

We signed a new 6 months Assured Shorthold Tenancy in February 2012. We have recently found out that the landlord (whos name is on our Tenancy) died in January 2012 (before we signed the agreement). We have not been informed of this through the Estate Agents and we are wondering if this tenancy is still legally valid and binding.

We are looking to move house and asked how we would go about giving notice. This is our 3rd 6 month tenancy agreement and thought that this is now a periodic tenancy but hav been informed this is not the case (very rudely can I add). We have been told we cannot give notice until the end of the 6 months.

Please can someone confirm if this tenancy is still valid with the deceased landlords name on?? We have seen a house we like and do not want to loose it without checking everything. If it is not legally binding, can we then give notice and still receive back the bond and month in advance rent back??

G_M

If the agents are acting for the deceased Estate then yes, the tenancy is valid. The Executer's of the deceased's estate (or whoever is appointed as Administrator of the Estate if there is no will) can appoint (or continue to use) an agent to manage th property and the letting.#

If you signed a 6 month tenancy in Feb 2012, you are bound by that contract till Aug 2012. And so is the Landlord (ie the deceased's Estate).

If you signed a 6 month agreement, why would you think this was a periodic tenancy?

pmlindyloo

Thank you G_M.

I believe OP that you can ask the new LL if you could end the contract early and come to an agreement about the financial implications of this.

The new LL may agree to this (I am thinking if it is an inherited property they may wish to sell, know a family member who wants it) but you are bound by your contract and you would need to negotiate with the LL if you wish to leave.

JKG1312

I thought it may be due to the deceased landlords estate. Would this need to be mentioned anywhere on the tanancy as it is still in the deceased landlords name? Also should we of been informed of this? It would of been helpful to know that the LL had died especially as they may want to sell the house.

pmlindyloo

As G_M has pointed out you are still bound to your tenancy agreement.

The LA has now said that he will be contacting the appropriate person who is dealing with the deceased landlord's estate so it is a case of wait until he comes back to you.

Of course it would have been polite for the LA to have told you about the death of your LL but it may have happened quickly and the LA wasn't informed. On the other hand they may have thought it didn't matter. Have you asked them?

chappers

I think you will struggle on this one. The agent will just say that the LL gave them permission to re-let on his behalf before he died.

Annisele

chappers wrote: »

The agent will just say that the LL gave them permission to re-let on his behalf before he died.

I'm not sure it's as simple as that (though it may be - I'm no expert!)

If the LL gave the LA permission to act on his behalf, then in effect he'll have given the LA a (limited) power of attorney. PoAs cease on death, so immediately after the LL's death the LA wouldn't have authority to act on his behalf.

After the LL's death, his personal representatives (PRs) would have authority to act on behalf of his estate. The PRs can appoint somebody else, eg the LA, to act for them if they wish.

So, on the basis of the information we have I don't think it's entirely clear whether the LA did have authority to act on the LL's behalf. However, in either case, I'd start with trying to negotiate with whoever now has authority to act for the LL. You're pretty much going to have to talk to the LA to find out who that is.

GDB2222

G_M wrote: »

If the agents are acting for the deceased Estate then yes, the tenancy is valid. The Executer's of the deceased's estate (or whoever is appointed as Administrator of the Estate if there is no will) can appoint (or continue to use) an agent to manage th property and the letting.#

If you signed a 6 month tenancy in Feb 2012, you are bound by that contract till Aug 2012. And so is the Landlord (ie the deceased's Estate).

If you signed a 6 month agreement, why would you think this was a periodic tenancy?

This would be perfectly correct if the executors had probate by the time the tenancy agreement was signed. In practice, if the owner died in January and the tenancy was signed in February, it is extremely unlikely that probate had been granted in that short time. Consequently, the agent who signed the agreement had no authority to do so, as there was nobody able to authorise him.

I suggest that this is a situation where a solicitor's letter will sort things out for you much more easily than you can yourself. However, if you are unwilling to pay the fees, I suggest you ask the agent for proof of his authority to act. Obviously, if you walk away from the property and the tenancy later turns out to be valid, you are at risk of having to pay the rent for the balance of the fixed term, so I would suggest that a small amount spent on a solicitor now would be extremely well spent. Even if the solicitor disagrees with what I have said, at least you know where you are.

GDB2222

Annisele wrote: »

I'm not sure it's as simple as that (though it may be - I'm no expert!)

If the LL gave the LA permission to act on his behalf, then in effect he'll have given the LA a (limited) power of attorney. PoAs cease on death, so immediately after the LL's death the LA wouldn't have authority to act on his behalf.

After the LL's death, his personal representatives (PRs) would have authority to act on behalf of his estate. The PRs can appoint somebody else, eg the LA, to act for them if they wish.

So, on the basis of the information we have I don't think it's entirely clear whether the LA did have authority to act on the LL's behalf. However, in either case, I'd start with trying to negotiate with whoever now has authority to act for the LL. You're pretty much going to have to talk to the LA to find out who that is.

this is all correct, except that the personal representatives/executors do not have any power to act until they have a grant of probate.

chappers

Indeed the dates would be crucial as would be whether the LA were even aware of his death before granting a new tenancy.
either way the executors or new owners are your LL now and they should be the ones you are approaching, you may find they would be pleased for you to leave.