Landlord has passed away

thelem

Check the terms of your lease, you may well find that it has a break clause at 6 months which would let you leave at that point whether your landlord wants you to or not.

sussexchick

Firstly huge apologies for not being able to reply sooner.

Secondly, I cannot begin to thank you all enough for the time you have taken to help me. In simple terms, when I first viewed the house, I wasn't aware of the damp and that the bath doesn't empty after use. I also wasn't aware that the house would have been left in the condition after the previous tenant left, ie, very dirty, grease everywhere in the kitchen, carpets needed cleaning etc. I did raise these with the landlord at the time and took photo's but nothing was ever done. The landlord's son hasn''t provided any proof that he is the sole beneficiary of the estate, and i received an email asking that that the rent now be paid into his account directly. But having read the posts above, maybe this is something that I shouldn't be doing ? Have asked quite a few times for energy performance certificates etc, but never received any. I must say though that the son does seem to be ok, he's friendly enough, so don't want to rattle him. I've checked to see if there are any break clauses after 6 months, but can't see anything stated .

In reality I think I already know that I'll just have to put up with the 'danger zones' and just grin and bear it. But I won't be paying for anything further, like a new lease ! and certainly won't be extending it either !

Thank you guys for all your support.

sussexchick

Hi Guys

Well I took all your advice on board and emailed the landlords son and asked for various certificates, proof of ownership of the house etc, and I have to say, it went down like a lead balloon :eek: He was extremely rude, said he had just taken on a load of contractors to update his current home as he was using the rent from this place to pay for all the works. Whilst I have some sympathy for him, it really is not my worry whether he lives in a shed or whether he lives in a mansion ! - my main concern is getting the damp sorted, the kitchen made safe and the bath to drain away.

When I suggested that I find new tenants to take over the remainder of the lease, he felt this was totally unacceptable as he too lives in a dated house ! (I'm still working that one out, as it feels like some form of punishment) ?!.

What I don't get is why he's being so adamant that he wants me to stop here ? I've already offered to pay for the new tenant costs that will be incurred, so would appreciate any advice you have.

Now run out of ideas so would welcome any suggestions on how I could terminate this lease since he won't sort out the problems in the house.

Many thanks

G_M

1) contact Environmental Health about the damp. Bit late now - after New Year I guess!). They can inspect and if appropriate serve an 'improvement notice'.

2) stop paying rent. Your landlord has died and you have not been formally told
a) who is due the rent now or
b) what the new address is "for the serving of notices" - a legal requirement before rent is due (Landlord and Tenant Act 1987 )

3) write to the son (yes WRITE A LETTER) politely explaining the above, and saying that yes, of course, once whoever is due the rent now WRITES to you (not email!) you will pay the rent which you are putting to one side for now.

4) since relations are deteriorating between you and the son, and for your own protection, make sure your property is secure by changing the barrel of your front door lock (see here). Keep the old barrel safely and replace it when you eventually leave.

sussexchick

G_M wrote: »

1) contact Environmental Health about the damp. Bit late now - after New Year I guess!). They can inspect and if appropriate serve an 'improvement notice'.

2) stop paying rent. Your landlord has died and you have not been formally told
a) who is due the rent now or
b) what the new address is "for the serving of notices" - a legal requirement before rent is due (Landlord and Tenant Act 1987 )

3) write to the son (yes WRITE A LETTER) politely explaining the above, and saying that yes, of course, once whoever is due the rent now WRITES to you (not email!) you will pay the rent which you are putting to one side for now.

Fabulous advice, thank you. Not sure if this is important but, a letting agent carried out all the inspections, the credit checks, employment checks etc, but the landlord then took over responsibility for the actual month to month management. Obviously only 6 weeks into the agreement he passed away, would this make any difference where the son is concerned ? ie, the responsibility of the monthly management ?

G_M

sussexchick wrote: »

Fabulous advice, thank you. Not sure if this is important but, a letting agent carried out all the inspections, the credit checks, employment checks etc, but the landlord then took over responsibility for the actual month to month management. Obviously only 6 weeks into the agreement he passed away, would this make any difference where the son is concerned ? ie, the responsibility of the monthly management ?

An agent is just.... an agent acting for the landlord.

Your tenancy is between you and the landlord, whoever that is.

Whether the original LL (or indeed any new landlord) chooses to employ an electrician to repair the electrics, or an accountant to do his tax return, or a letting agent to find a tenant and/or 'manage' the property does not alter your legal relationship with the landlord.

sussexchick

G_M wrote: »

An agent is just.... an agent acting for the landlord.

Your tenancy is between you and the landlord, whoever that is.

Whether the original LL (or indeed any new landlord) chooses to employ an electrician to repair the electrics, or an accountant to do his tax return, or a letting agent to find a tenant and/or 'manage' the property does not alter your legal relationship with the landlord.

Excellent, thanks for all your advice which is greatly appreciated. I'll keep you updated and Happy Xmas

theartfullodger

Write a calm, polite letter, keep copy, to landlord , copy agent, explaining you are of course willing to pay rent when you have been provided with appropriate proof etc and you also have repairs issues (list them) etc & condolences regarding ex-landlord

Stupid son.

sussexchick

theartfullodger wrote: »

Write a calm, polite letter, keep copy, to landlord , copy agent, explaining you are of course willing to pay rent when you have been provided with appropriate proof etc and you also have repairs issues (list them) etc & condolences regarding ex-landlord

Stupid son.

Hi, yes I am now in the throws of WRITING a letter, won't post until after New Year as don't want to dampen his Xmas spirits and do have sympathy in the fact that he has recently lost his father.

I can however, do calm .............

olly300

theartfullodger wrote: »

Stupid son.

The son doesn't know what he has taken on.

I would get Environmental Health involved asap specifically mentioning all the legal checks and certificates that are missing, the threat of possible legal action may put a rocket up his behind.