Armed with a little knowledge but not quite there yet !

sussexchick

Good afternoon/evening/morning (depending on when you are reading)

So I've emailed the 'new landlord' (we shall call him that since that is what he prefers) to advise of my pending redundancy and the offer to work elsewhere in the UK with a sister company. I have offered to pay the fee to find a new tenant (using a reputable company) and have given 2 months notice (fixed lease expires Oct 2013).

Apart from his very sarcastic opening gambit (hope he felt better for it ) ! he wants to think about his options before releasing me from the current tenancy. Fine, no problem with that.

So now that I have a little more knowledge given by you wonderful peeps, and the fact that he has revealed his hand (which is now my ace card) he has admitted, in a letter, that probate has not been granted and the house and the lease still remains in the name of his deceased father.

So, my question is, I shall still be paying the rent, but where should I 'hold' this money, since it belongs to the estate of his deceased father, until probate has been granted. Should a solicitor/legal advisor be involved so that he can see that I am continuing to pay, but can't get his mitts on it, until such time that I am notified who is the beneficiary of the monthly rental.
I was advised to pay him directly (hence him being the new landlord) and not his fathers estate.

Any advice would be greatly appreciated.

Thank you

chris_m

How do you know that he's not the/an executor of the estate?

RAS

chris_m wrote: »

How do you know that he's not the/an executor of the estate?

Even if he is the rent needs to go to the estate of deceased LL not to the expected beneficiary.

sussexchick

RAS wrote: »

Even if he is the rent needs to go to the estate of deceased LL not to the expected beneficiary.

Thank you for your replies - should the rent be lodged and held with a solicitor until such time probate has been granted ?

RAS

sussexchick wrote: »

Thank you for your replies - should the rent be lodged and held with a solicitor until such time probate has been granted ?

Not necessarily.

It needs to be paid to the executor (which might be a solicitor or the "new" landlord) and held in the executor's account. The old landlord's accounts (if you are paying by DD or SO) are now closed.

So the payment should be either to Mr old landlord or to the estate of Mr old Landlord. Either can be paid into the executors' account. I would be tempted to send a cheque if you are not given the new account code.

Ask him who the executor of the estate is?

sussexchick

RAS wrote: »

Not necessarily.

It needs to be paid to the executor (which might be a solicitor or the "new" landlord) and held in the executor's account. The old landlord's accounts (if you are paying by DD or SO) are now closed.

So the payment should be either to Mr old landlord or to the estate of Mr old Landlord. Either can be paid into the executors' account. I would be tempted to send a cheque if you are not given the new account code.

Ask him who the executor of the estate is?

Thank you for that - I'll ask the question of who the executor is first off, although I would have presumed the son would have been. (Although like you say, the executor is not necessarily the beneficiary of any Will). So, in the circumstances that rent is being paid into the account of the son (as the executor) I would not be liable for further rent should he not be the beneficiary ?