Landlords agent demanding property be returned

Morrit_2

Hi.
It's another long one I'm afraid...

On 19th May my mother passed away. She rented her property, I was charged to be executor of her estate as I am her only child, and my father passed away 4 years previous.

Whilst making the relevant phone calls the day after to the bank, electricity, etc I attempted to contact the landlord based on the limited information on her bank statement that pertained to the rent being paid to a management agent. When I rang, the person who answered did not know if they had it on their books and said she would pass the message on and someone would be in touch.

The estate, as it currently stands, is insolvent at the moment, mum had very little money, only just enough to cover the funeral, and there have been subsequent expenses in dealing with the estate, mainly in travel costs.

I am disabled and there is no immediate family to help clear the house of her belongings, and I am still taking inventory of everything, incase I come across any jewellery or antiques that may be worth anything. She wasn't best organised. There was no will as she said she didn't have much to give anyway, only a letter bequeathing me all of her possessions.

As such, no rent has been paid since she passed away, it had been paid for that month 2 days prior, up till 17th June, but there hasn't been enough to cover it, and I am clearing the house but its taking time.

The landlords agent have now written to my mum and my dad (remember, he died 4 years ago) requesting an inspection of the property. This was not the company whom rent was being paid to, however, but the property has changed owners and agents a number of times throughout the past 25 years. I advised them of the situation and said I would meet their representative for the inspection.

They emailed me today advising that after the inspection their representative would like the keys as it would be a 'Vacant Possession' of the property. I have told them that it will not be empty by the 10th of July and that it would take me at most, another 6 weeks from today (I am really struggling). They have said that they do not wish for rent arrears to accrue and that they suggest I get house clearers in and to make sure that it is empty by the 10th July.

I don't have the funds to get house clearers in, and I am still trying to sort out everything. I have told them subsequent to this, that I believed the inspection was just that, an inspection, and not a repossession of the house and subsequently I will no longer be allowing access.

The house is not fit for renting out again as it stands, there are major damp issues and the electrics are shot as is the plumbing. I suggested that they inspect and begin works whilst I am still clearing but this has been refused.

I have read that the tenancy belongs to the estate until such time that the estate ends the tenancy and that in order to obtain possession they would need to go through the clause in the tenancy agreement. Now... I know for a fact that they do not have a copy of a tenancy agreement signed by mum and dad; the property was taken on in 1994 and it was very informal, there wasn't even a deposit paid. Mum and dad always paid their rent on time and eventually, 2 years later, a tenancy agreement was signed at the request of the agent appointed by the landlord as he was getting too old. When the landlord passed away and it was inherited by his sister, she tried to increase the rent exponentially, a few years after taking ownership. As such the matter was taken to a rent tribunal where the new landlord admitted she did not have a copy of the tenancy agreement and the increase was found to be an unfair amount.

They also want a copy of both my parents death certificates and my letter of appointment, I have asked them to provide a copy of the tenancy agreement, highlighting the clause in regards to the tenant passing away, then I will provide copies of the documents they requested... was this cheeky?

I had no intention of ever being awkward. This is not exactly a pleasant task, but the lives of my parents are in that house and I want to make sure I am not throwing away anything valuable as I am taking my role very seriously. Plus my disabilities prevent me moving as much or as quickly as an able bodied person.

Can anyone advise where I stand? What can they do if the keys aren't ready on the 10th?

[Deleted User]

Get out everything of value, monetary or personal and give the keys back. You can't expect to keep it for an indefinite period whilst you clear it when the tenant is no longer alive and rent isn't being paid.

kazwookie

You need to get stuff out and quick the rent is not being paid, the T has passed away. You have no right as such to be there except to clear out.

Get some friends to help you get the items out if you cannot afford house clearance.

Davesnave

If you have accepted the role of executor, you have responsibilities here which don't seem to be happening in a timely manner. Is there no one else in the family who might help you with this?*


*amended in the light of David's comment below

[Deleted User]

I sympathise, was in much the same situation myself when my father died. I went through items, sorted them roughly into what would be kept (not much), items for collection by charities and throw away stuff. You just have to not allow yourself to drown in the mass of possessions and concentrate on sorting them.

Although its not the best outcome, I am sure the owners would prefer to have to do some clearing rather than not be able to rent the property at all. Just take what you want to keep and leave the rest.

I was on my own too. Its not easy, and emotionally it often emphasises feelings of loss, and helplessness when you have mobility difficulties. But try and concentrate on getting what means something to you out of there and leave the rest (bag it up if you can if you don't want other people touching your mother's things). After 25 years of rental, it looks like the LL will have to take on the cost of clearance. Again, not ideal but all you can do.

Six weeks for clearance is too long I'm afraid.

AdrianC

It's rapidly approaching two months from the date of death. No rent is being paid.

Sorry, but you need to step things up on the emptying, or start paying the rent from your own pocket. Subsidising your slow clearance of the property is not the landlord's problem.

Norman_Castle

The landlord cannot simply reposes the flat, they need to use the courts to get possession
https://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/.

Focus on removing anything you want to keep. You don't have time for an inventory. Every time you leave you should have a car full of stuff to be sorted at a later date. It is difficult to sort through someones possessions but you don't have the luxury of time. As with most people, 90% of what we own is irrelevant.

I've recently helped a friend clear another friends flat. There are still a few bits to do which she is avoiding. Fortunately the landlord isn't in a rush as they plan to refurbish the property. You need to be mercenary and just physically start moving things out of the door.
Unfortunately for the landlord they cannot charge you for removing abandoned items so don't worry about leaving larger unwanted furniture etc.

davidmcn

Davesnave wrote: »

As executor you have responsibilities here

The OP hasn't actually said they've accepted the office of executor (and if the estate is insolvent I doubt anybody would want the hassle).

There is no advantage to the OP in clearing the property properly, they ought to just check for items of value and then abandon it to the landlord.

warby68

So they're allowing almost an extra month without rent if I understand the dates correctly? That would be around 2 months. I know its a difficult time but that is quite a while.

I'm afraid you don't have the 'luxury' of months to do the task in your preferred way. I appreciate you don't want to incur cost but what about the landlord not receiving rent? You need to get the stuff you want to sort carefully out and sort it later.

I would think most people would prefer to avoid court proceedings so working with the landlord regardless of legal possibilities and missing rent agreements is probably still best.

A man with a van might be a cheap way of just shifting some volume to your home for later sorting.

AnotherJoe

My commiserations.
Do what NC above said, get out what you can that's of value to you including sentimentally and leave the rest for the LL to deal with.

vacheron

Sorry to hear about your mum.

You could also consider sending a polite letter to the letting agent stating that you are working as fast as you are able and are aware of the complications and timescales of a legal repossession. However, should they be able to offer you some assistance in clearing out the flat this would allow you to vacate the property far earlier and with a lot less fuss. Could be a long shot, but they just might consider it worth their while.