Landlord has passed away

dimbo61

I must admit that I though the OP wanted to leave ASAP with all the issues in the property?
Speak to CAB about your rights
No sure about you not paying rent ? as you do not need a CCJ

Thrugelmir

sussexchick wrote: »

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 !

The LL is dead. So you'll need to ascertain who the executors of the estate are.

dancingfairy

dimbo61 wrote: »

I must admit that I though the OP wanted to leave ASAP with all the issues in the property?
Speak to CAB about your rights
No sure about you not paying rent ? as you do not need a CCJ

No point paying it into an account that may or may not have been frozen though. Also whilst the son may be an executor he may not in which case paying him may not be the best thing to do either. That's why it was probably suggested finding out exactly who the person the money needs to go to and in the meantime putting money aside for it.
I believe also that there is some sort of precent or legislation for this that says something along the lines of you don't legally have to pay rent until youare advised in writing who your landlord isand anaddress to send notices to.
df

getmore4less

Get ready to move out quickly

Pretend to want a new tenancy but insist on being able to erminate the cuurent one first.

the issue may be that if there is no will with named executors this will need the application for the grant to administer the estate.

CHECK if a named executor can teminate a tenancy before probate is granted
I suspect they can.

Another option is to stay with the estate to get the stuff fixed it may be somthing the benifitiaries don't want(unless it is just the son).

BobQ

getmore4less wrote: »

Get ready to move out quickly

Pretend to want a new tenancy but insist on being able to erminate the cuurent one first.

the issue may be that if there is no will with named executors this will need the application for the grant to administer the estate.

CHECK if a named executor can teminate a tenancy before probate is granted
I suspect they can.

Another option is to stay with the estate to get the stuff fixed it may be somthing the benifitiaries don't want(unless it is just the son).

OP you should not act on what someone thinks on here.

You have a tenancy.

If you have reason to believe the landlord is dead you should not pay more rent until you know what is happening to that money.

Find out who legally owns the property at present. If you have no evidence that it is the son then pay him nothing and agree nothing with him. Do not assume he has any authority.

You can only terminate your tenancy by giving notice in the form specified in your tenancy agreement. When you know who the executor is and have evidence that they have a grant of probate/administration then you can discuss a legal termination.

If you have problems with the property and cannot resolve who now owns the property then seek legal advice on whether you can withhold rent and use it to get things fixed. It may be possible but seek legal advice.

G_M

getmore4less wrote: »

CHECK if a named executor can teminate a tenancy before probate is granted
I suspect they can.

As stated, the existing tenancy agreement remains binding on both sides. If it is a fixed term tenancy, the Executer cannot terminate before the Fixed Term expires (except for rent arrears etc).

If it was Periodic, the Executer could terminate in the same way the original landlord could have done - however the OP said:

Just signed a 12 month lease

G_M

dimbo61 wrote: »

No sure about you not paying rent ? as you do not need a CCJ

You only get a CCJ if
a) the (new) landlord takes the tenant to court for rent arrears AND
b) the court rules for the new LL AND
c) the tenant still does not pay.

Paying some bloke off the street (OK - the original LL's son, but still) is mad. He may not be entitled to the rent in which case whoever IS entitled will sue for rent arrears!

The Landlord & Tenant Act 1985 section 3 states:

Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

......


(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

This applies to the Executers of the landlord's will.

getmore4less

G_M wrote: »

As stated, the existing tenancy agreement remains binding on both sides. If it is a fixed term tenancy, the Executer cannot terminate before the Fixed Term expires (except for rent arrears etc).

If it was Periodic, the Executer could terminate in the same way the original landlord could have done - however the OP said:

They can mutualy agree to terminate with no notice if they want.

this is the trick to getting out quick if thats what the op wants.

get them to agree, if necessary under te pretence you will enter into a new one.

BobQ

getmore4less wrote: »

They can mutualy agree to terminate with no notice if they want.

this is the trick to getting out quick if thats what the op wants.

get them to agree, if necessary under te pretence you will enter into a new one.

Bad advice. The flaw in this argument is who "they" are.

The "tenant" is clear but the "landlord" who is the other party to the contract is as of now not known. It may be an appointed "executor" in the landlord's Will who, as far as the tenant knows, has yet to satisfy the court he is the executor. Or it may be be the son and other siblings who have not yet obtained the authority of the court to act as the decesed representative. For all you know the house could have been left to the ex-wife or the landlord's brother/friend whatever.

Unless the tenant knows he is speaking to the recognised legal representative he cannot agree anything with "them" without the risk that the "agreement" is legally invalid. So if he agrees with the son he will leave immediately, hands him the keys and goes, and it turns out that the property has been left to the landlords ex-wife she may decide to pursue the tenant for loss of rent and any damage the son does to the house.

If the OP wants to get out quick he needs to speak to the right person.

getmore4less

ylou need to read in context it is allready established in mine and other posts that they need to check they are dealing the right person and they have the legal rights to deal with the tenancy.

I never said deal with the son.

named executors get some legal rights before grant, I said check if one of those it dealing with tenancies