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Probate - New home owner
welsh_Wizard
Posts: 1 Newbie
About to become an owner of a house that was rented out by my father who passed away.
House isn't in my name yet how do I go about getting the tenants out the house?
Does the executor of the will need to give them notice until or can i do it and as the tenancy agreement what letter would I have to write?
House isn't in my name yet how do I go about getting the tenants out the house?
Does the executor of the will need to give them notice until or can i do it and as the tenancy agreement what letter would I have to write?
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Comments
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Until the will has been executed, the estate is the landlord, with the executor administering it. The executor is required to act in the interests of the estate/beneficiaries, and it's a bit hard to argue that giving up the rental income (with nothing in return) meets that criterion. That said, if you can convince the executor otherwise - and if the fixed period of tenancy has ended - the process would be for the executor to issue a section 21 notice.0
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ThePants999 wrote: »Until the will has been executed, the estate is the landlord, with the executor administering it. The executor is required to act in the interests of the estate/beneficiaries, and it's a bit hard to argue that giving up the rental income (with nothing in return) meets that criterion. That said, if you can convince the executor otherwise - and if the fixed period of tenancy has ended - the process would be for the executor to issue a section 21 notice.
I dont think its hard at all, if you want to sell it you will almost certainty get a better price if its vacant. Its also academic if the OP is the executor is the main beneficiary which seems likely.
If the OP is the main beneficiary but a solicitor is the executor then there is no rush to evict them as the process will likely take 9 months.0 -
The only person who can evict the tenants (using a S21 Notice) is 'The Landlord'.welsh_Wizard wrote: »About to become an owner of a house that was rented out by my father who passed away.
House isn't in my name yet how do I go about getting the tenants out the house?
Does the executor of the will need to give them notice until or can i do it and as the tenancy agreement what letter would I have to write?
Until Probate is granted and the Estate wound up, the Executor of the will is 'The Landlord'.
Once you inherit and the proprty is transferred to you, you become 'The Landlord'.
The Execitor can make the decision to evict - yes, as ThePants says, the Executor might deem the loss of rental income to not be in the best interests of the Beneficiaries, and therefore decide not to evict.
Or they might take the view that handing over the property to you 'with vacant possession' is in your best interests, and the loss of rent is a price worth paying.
Speak to the Executor.
Whichever of you does it, no a 'letter' is no good. It must be a S21 Notice. If you are going to become 'The Landlord' I strongly recommend you learn what being a landlord means - not just how to issue a valid S21 Notice.can i do it and as the tenancy agreement what letter would I have to write?
For example, as soon as you become 'The Landlord', the rent will come to you and you will have to declare that to HMRC for tax.........
....as well as complying with multiple other regulations.
Pursuade the Executor to evict before handing you the property!0 -
Plan B - the executor sells the property, with sitting tenants, before disbursing the monies received to the beneficiary.
This will be the easiest if you don't want to be a landlord. But it will probably, depending on the property, result in a lower amount of money in your pocket eventually. Obviously, if you want to live in the property, then that's not an option.0 -
Best interests of estate/beneficiaries is overplayed.
In practice it means retain the asset value, there is no obligation to improve the asset value like making improvements, planning permissions or evicting tenants.
The administrator(executor if named in a will or other not named in will or intestate estate) can take the easy route and unless there are provisions in the will that stop them they can just sell with tenant in place or assent the property to the beneficiaries and let them sort it out.
The administrator will become a temp landlord but only as trustee for the beneficiary, in a lot of cases the beneficial interest passes at DOD.0
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