Landlord's passed away family want house back..where do we stand?

Bluebelle72

Hi guys, as the title says the owner of the house has passed away and the family want the property back to sell, he told us this just over a week ago, so we've been frantically looking for somewhere else convenient to rent,.
Just called our estate agent and found out that they hadn't yet been informed...they (coldly) told me that if that was the case, we will have til the end of august to find somewhere else, if we hadn't vacated the property by that time, they would apply to the court to evict us.!!! could anyone confirm our rights, although I know they are right to be honest, just didn't want a court order for an eviction to go against us when looking for another property. Any advice would be much appreciated,

AFK_Matrix

You need to provide a lot more information if you want us to help you.

Is this in England/Wales?

Are you on an AST (Tenancy Agreement) and if yes when did you sign it and when does it end?

Or has your AST ended and you are on a Statutory Periodic Tenancy?

You have said the EA told you you have until August to get out but have you been sent an S21 notice for possession?

There are probably other questions that need to be asked but I can't think of any at more at the moment.

xoAmyox

I think the family seem to be getting rather ahead of themselves.

If the property has gone through all the legal loopholes, then there will be an owner, or perhaps they will have joint ownership.

They will need to legally inform you of an 'address for the service of notices' in a prescribed format, this address must be in England or Wales.

How long have you lived at the property, and do you know what type of tenancy you have?

Has the tenancy ever been renewed? Do you have any rent arrears?

Don't panic too quickly, you have no obligation to leave until they have a court order (if it ever gets that far), and that will be a good few months off yet.

P.S. They can sell with you in it, you will just get a new landlord, and may not be asked to leave at all.

Bluebelle72

The property is in staffordshire, we've lived here since March 2008, and it's an assured shorthold tenancy. thanks for your replies xx

googler

Threads on landlordzone suggest that your rights and responsibilities remain unchanged, with the executors effectively becoming your landlord, and, once the estate is settled, the family becoming your landlord.

Their rights and responsibilities remain the same as the deceased landlord's.

Notmyrealname

As above. Nothing changes. Your AST is valid until it ends and they'd have to go through the whole court routine to get you out early. Most LLs get all this wrong usually in either the wording of the notices or the day they serve them and a savvy tenant can drag it out several months.

BitterAndTwisted

Bluebelle72 wrote: »

The property is in England, we've lived here since March 2008, and it's an assured shorthold tenancy. thanks for your replies xx

Are you currently within a FIXED-TERM or did you go onto a periodic tenancy once the original fixed-term ended?

I believe the late landlord's estate will have to go through probate, and for you to acquire a new owner/s before they can apply to the court for possession.

The agent has been talking through their hat to alarm you, I suspect. The time to panic is not now.

roger196

You can always ask for a sum of money to leave without the exors having to go through the S21 route. This saves them a lot of hassle, saves you stress and puts a bit of money in your pocket to help with the house move.
Any suggestions on what is a reasonable sum to ask?

rentergirl

I would suggest that you delicately mention how much easier it is to sell without a sitting tenant, as you might be for a while, since they are being so coy about actually giving you properly notice.

DVardysShadow

Bluebelle72 wrote: »

The property is in **********, *************, we've lived here since March 2008, and it's an assured shorthold tenancy. thanks for your replies xx

You would do well to edit your post and remove the location, rather than risk antagonising your Landlords if this thread gets pointed out to them. People are only asking the general location to establish what laws apply.

Please answer these questions, [already asked] and don't bypass them if you want to get the correct advice:

• Are you in the fixed period of your tenancy?
• Have you been served a Section 21 notice?
• Is your deposit protected in a recognised scheme?
• Are your rent payments up to date and is it possible to continue paying as before of have you been given new instruction?

If the executors are not following procedure and doing things right, keep your mouth firmly shut and don't tell them how to successfully terminate your tenancy.

Giant_Peach

They cant serve you with any formal legal notice until probate has been resolved, this in itself can take some time.

Agents clearly clueless.

You probably are best to find somewhere else to rent, but there's no need to panic right now.