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Dad died; tenanted property in his estate
GardenLass
Posts: 2 Newbie
Good evening all
I have been posting on these forums for 10 years but using a new profile for all things probate-related as I am having some difficulties.
My dad, who was a widower, died intestate in 2016. I and my sibling are the only beneficiaries. I have obtained a Grant of Representation (Letters of Administration) and am the sole Personal Representative.
Dad owned a house which he rented out to tenants via a letting agency in 2015 on an initial 12-month contract. The tenancy became periodic after the first 12 months, so the tenants are now living there on a month-to-month basis.
I recently gave a copy of the Letters of Administration to the letting agent to confirm that I am dealing with the estate.
It has taken me a while to deal with the estate as there is so much to do and I have no emotional or practical support. Please don't judge - I am where I am with this and have the strength now to get it sorted.
My intention was always to sell the house and divide the money between me and my sibling - neither of us want the house. I was considering selling it with the tenants in situ, however, the letting agency has been less than helpful and I have now decided that I want to go with a clean slate - get rid of the letting agency and evict the tenants and just sell the house empty in the normal way. I underestimated the admin I would need to do on this estate so I just want things to be as uncomplicated as possible.
I do feel bad for the tenants but I will, of course, act within the law and be as reasonable as I can.
I asked the letting agency for copies of the contracts my dad signed. I've examined these and I can't see anything that stops me from sacking the letting agency, I just need to give them the required notice etc.
I have done some research and I see that I need to use a Section 21 to evict the tenants, giving them at least two months' notice. I also see that to use Section 21, I need to have given them a copy of the Government's How To Rent leaflet, the gas safety certificate and the energy performance certificate.
I have asked the letting agency if they provided those three documents to the tenants and if so, when they did so. They aren't telling me. I need to ask them again.
They have, however, sent me a new landlord contract to sign. I haven't done anything with this and I don't intend to sign it.
Like I said, I have done some research but most of the advice seems to be for tenants rather than landlords/Personal Representatives so I am not too clear on my responsibilities.
My questions at the moment are:
- Am I now the landlord? I didn't think I was because the house is still part of my dad's estate and ownership of it has not passed to anyone?
- The tenants don't know that my dad has died - what do I/the letting agent need to tell them I am? Their new landlord? My dad's Personal Representative?
- Do I need to do this asap or can I do it when I start the eviction process?
- Can I communicate this to the tenants directly or do I need to go through the letting agent?
- Do I need to sign a new contract with the letting agent? I was under the impression that I didn't need to, especially if I don't want to continue with the let, as the contract they have with my dad still stands unless I put the house into my name?
- Do the tenants need to have been given the three documents at the start of the tenancy for the Section 21 to be valid?
- If the tenants haven't ever been given the documents, then can they be given them shortly before being served with the Section 21 or does a certain amount of time need to have passed?
- If the letting agent doesn't want to help me, can I serve the tenants with the three documents and the Section 21 myself?
Thank you in advance.
GL
I have been posting on these forums for 10 years but using a new profile for all things probate-related as I am having some difficulties.
My dad, who was a widower, died intestate in 2016. I and my sibling are the only beneficiaries. I have obtained a Grant of Representation (Letters of Administration) and am the sole Personal Representative.
Dad owned a house which he rented out to tenants via a letting agency in 2015 on an initial 12-month contract. The tenancy became periodic after the first 12 months, so the tenants are now living there on a month-to-month basis.
I recently gave a copy of the Letters of Administration to the letting agent to confirm that I am dealing with the estate.
It has taken me a while to deal with the estate as there is so much to do and I have no emotional or practical support. Please don't judge - I am where I am with this and have the strength now to get it sorted.
My intention was always to sell the house and divide the money between me and my sibling - neither of us want the house. I was considering selling it with the tenants in situ, however, the letting agency has been less than helpful and I have now decided that I want to go with a clean slate - get rid of the letting agency and evict the tenants and just sell the house empty in the normal way. I underestimated the admin I would need to do on this estate so I just want things to be as uncomplicated as possible.
I do feel bad for the tenants but I will, of course, act within the law and be as reasonable as I can.
I asked the letting agency for copies of the contracts my dad signed. I've examined these and I can't see anything that stops me from sacking the letting agency, I just need to give them the required notice etc.
I have done some research and I see that I need to use a Section 21 to evict the tenants, giving them at least two months' notice. I also see that to use Section 21, I need to have given them a copy of the Government's How To Rent leaflet, the gas safety certificate and the energy performance certificate.
I have asked the letting agency if they provided those three documents to the tenants and if so, when they did so. They aren't telling me. I need to ask them again.
They have, however, sent me a new landlord contract to sign. I haven't done anything with this and I don't intend to sign it.
Like I said, I have done some research but most of the advice seems to be for tenants rather than landlords/Personal Representatives so I am not too clear on my responsibilities.
My questions at the moment are:
- Am I now the landlord? I didn't think I was because the house is still part of my dad's estate and ownership of it has not passed to anyone?
- The tenants don't know that my dad has died - what do I/the letting agent need to tell them I am? Their new landlord? My dad's Personal Representative?
- Do I need to do this asap or can I do it when I start the eviction process?
- Can I communicate this to the tenants directly or do I need to go through the letting agent?
- Do I need to sign a new contract with the letting agent? I was under the impression that I didn't need to, especially if I don't want to continue with the let, as the contract they have with my dad still stands unless I put the house into my name?
- Do the tenants need to have been given the three documents at the start of the tenancy for the Section 21 to be valid?
- If the tenants haven't ever been given the documents, then can they be given them shortly before being served with the Section 21 or does a certain amount of time need to have passed?
- If the letting agent doesn't want to help me, can I serve the tenants with the three documents and the Section 21 myself?
Thank you in advance.
GL
0
Comments
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I would post this under House Buying, Renting & Selling, ask a mod to move it - only because you will receive great advice how to deal the tenants while following the law.0
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Are you seriously going to rely on the somewhat variable advice on a public forum when there is so much at stake? See a solicitor and do the thing properly without putting yourself though any more emotional hoops. Being a cheapskate makes no sense when you and your sibling are about to sell a property and get half the net proceeds each.0
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Might be worth talking to the tenants before hitting them with legal paperwork, unless you have reason not to. They might want to put in an offer to buy the property, or be happy to move out on an agreed date.But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll0 -
Check out G_M's guides for some of your answers ........
https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants0 -
As said you need this on the letting board.
You have a sharp learning curve on this before you do anything.
If you have only just started dealing the with letting agent what has been happening to the rent?0 -
You certainly do not need to sign anything with the letting agents. You are not the landlord, but the 'administrator' of the estate and as such, a similar position. Just advise the letting agents in writing that the Trustees/Administrators will be selling the property after giving notice to the tennant, which the agents can arrange The Agents may wish to offer their services, but see what they offer and compare with others. Otherwise, give notice yourself.
As long as you feel confident to handle matters, then you don't need a solicitor, although they would obviously know all the answers, the beneficiaries would need to pay for those services. If you get stuck you can ask a solicitor for a short meeting on an agreed fee.
A difficult time for you, but good luck with it.
SamI'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.0 -
Check out G_M's guides for some of your answers ........
...or cut out the faffing around on this site, see a solicitor, get the job done properly and move on without all the hassle you are currently setting yourself up to deal with.
G_Ms guide is 100% accurate and even if you use a solicitor; it’s a great resource for ensuring the LL meets all their obligations0 -
As this is questions about a tenancy, I will ask a Board Guide from here to move this to the housing board.
Pointing out that GardenLass is a new poster at an emotionally difficult time.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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