Landlord has passed away

sussexchick

Hi All

Just signed a 12 month lease after selling own home (October). I had an email from the landlords son advising that his father had passed away and that a new lease will have to be drawn up as in effect, I have a lease agreement with someone who is no longer with us.

Since moving in, the house is in fact, extremely damp in places, and there are no plug sockets in the kitchen to accomodate the basic washing machine and fridge. Currently having to use an extension lead which sits on top of the work unit next to the sink ! :eek:. The cupboard doors have metal plates on the bottom of each unit (fitted in the 1970's) and I have cut and bruised myself on more than one ocassion catching myself. I've had to tape the edges with masking tape to avoid any further disasters. You can't use the bath as the water won't drain away quickly enough in time for someone else to use the bathroom.
Landlord's son is aware of the above problems but choses to ignore.

I am wondering whether I have to sign another lease with the landlords son or are there any legal footings which would allow me to terminate the current lease agreement ?

Any advice greatly appreciated.
Many thanks

princeofpounds

No need to sign a new lease. The lease you have is assigned to firstly the landlord's estate and secondly whoever inherits the house.

Do you know who the executor is of the estate? Or has it already been distributed?

antrobus

See here:-

What happens if my Landlord Dies?
http://www.tenantstips.co.uk/Home/Tenancy-Help/Tenants-Rights/What-happens-if-my-Landlord-Dies

sussexchick

antrobus wrote: »

See here:-

What happens if my Landlord Dies?
http://www.tenantstips.co.uk/Home/Tenancy-Help/Tenants-Rights/What-happens-if-my-Landlord-Dies

Just had a quick read of that - thank you for that. So it would appear that I do have to stay in this house for the remainder of the 12 months afterall.

sussexchick

princeofpounds wrote: »

No need to sign a new lease. The lease you have is assigned to firstly the landlord's estate and secondly whoever inherits the house.

Do you know who the executor is of the estate? Or has it already been distributed?

So even though I will have to stop here for the remainder of the lease agreement, I won't have to pay for another lease as the landlords son had said I was responsible for payment of this. Not quite sure how he worked that one out !

poppysarah

Ask him to put in writing that he is happy for the existing lease to finish.
And then move.

sussexchick

poppysarah wrote: »

Ask him to put in writing that he is happy for the existing lease to finish.
And then move.

I have just emailed the landlord to see whether he would be acceptable for me to find suitable tenants to take on the remainder of the lease, so I'll keep my fingers crossed !

dimbo61

You need to write a LETTER to the landlords son who is now responsible for the property. Sent 2 copies from 2 different post offices keeping proof of posting and a copy yourself.
Write all the problems down in bullet form.
Ask for a copy of the electrical safety certificate for the property!
Ask for a copy of the Gas Safety Certificate?
Ask for the property to be refurbished ASAP
Inform the landlord ( his son) that you will be getting in contact with the council in the next couple of days to ask the EH department to inspect the property.
Ask if you can terminate your contract early !!!!
Be prepared to be homeless for XMAS

BitterAndTwisted

Be prepared to be homeless for Christmas with a 12 month fixed-term rental agreement signed in October? I think not.

G_M

as dimbo says.

1) your current contract remains legally binding - on both sides.
2) you should not pay rent, however, till you have had confirmed, IN WRITING, who the new landlord is. This will initially be the Executers of the Estate (ask to see proof) and eventually whoever inherits the property (again, written proof).
3) you cannot be made to pay for a new lease
4) if you want to leave, you can of course negotiate/agree this - but get confirmation IN WRITING (letter - not email/text)
5) you can insist on repairs/gas certificate etc - some of these are criminal offences, some contratual rights. You could use the lack of repairs/certificaes etc as a bargaining tool to gain agrememt for 4) above.
6) if/when you leave, the new landlord (ie Executers, Beneficiaries) are responsible in law for your deposit.

princeofpounds

The son is not necessarily responsible for the property. Normally yes, but he may not be the executor of the estate. He may not even be the beneficiary.

There is no need to sign a new tenancy, let alone pay for one. Your current one is perfectly valid

Various more points to make but rushed for time right now. Will be back later.

OP, what would help is if you can clarify if you want to leave or just to get problems fixed.