Urgent advice needed

Angela_D_3

Get a gas safety certificate organised immediately if they die of carbon monoxide poisoning someone will go to prison 

Wheretostart90

They agreed themselves to leave friday, everyone has been absolutely fine, they came to the funeral and it was spoken about shortly after that they would leave after Xmas so they have had around 2 month's notice. 

This has all stemmed from a phone call today. 

His brother has one daughter who is 16 so any money for the house would go to her, I think his dad just wanted to get it sold so it wasn't all going through himself. 

HampshireH

Wheretostart90 said:

They agreed themselves to leave friday, everyone has been absolutely fine, they came to the funeral and it was spoken about shortly after that they would leave after Xmas so they have had around 2 month's notice. 

This has all stemmed from a phone call today. 

His brother has one daughter who is 16 so any money for the house would go to her, I think his dad just wanted to get it sold so it wasn't all going through himself. 

Could he sell to another landlord with tenants In situ?

Morrigan_2020

SpiderLegs said:

Wheretostart90 said:

His dad is planning on going Friday, changing the locks and emptying their stuff out the house which I don't think help the situation and maybe he will get into trouble? 

Oh I’m sure it’ll be perfectly fine.
Please keep us informed, with pictures if possible.

He's just lost his son remember, he didn't choose to become their landlord.  Lets hope that with the correct information he will now do the right thing and not judge too harshly. 

GDB2222

Morrigan_2020 said:

SpiderLegs said:

Wheretostart90 said:

His dad is planning on going Friday, changing the locks and emptying their stuff out the house which I don't think help the situation and maybe he will get into trouble? 

Oh I’m sure it’ll be perfectly fine.
Please keep us informed, with pictures if possible.

He's just lost his son remember, he didn't choose to become their landlord.  Lets hope that with the correct information he will now do the right thing and not judge too harshly. 

I hope he does do the right thing. If he does insist in going ahead with the illegal eviction, I suggest that he gets the phone number of a good criminal solicitor. Maybe, the solicitor can persuade him, even if you can't.

oldbikebloke

Wheretostart90 said:

 I think his dad just wanted to get it sold so it wasn't all going through himself. 

is father in law in a frame of mind to listen to advice? Did he approach you, or did you just step in yourself?
your husband appears not to have had any contact with his brother for several years.
Your father in law has lost his son, who had a child but apparently no wife. So your father in law not unsurprisingly in the circumstances has attempted to sort things out. 

there is a child involved but I would guess given the above you have no idea if there is a will. If there is, there will be a named "executor", if there isn't, then someone (father in law?) needs to take on the role of "personal representative". These are the only  "persons" who should be sorting this out as the tenancy (and as already mentioned by others, there is a perfectly legal tenancy in operation) has carried on, but is now legally in the name of the estate of the deceased.

The estate is therefore the only "person" able to take any further action and it is the estate who should be taking advice on next steps. 

Wheretostart90

I will suggest selling with the tenants already in the house. 
One of them mentioned buying the place and his dad said he can have everything in the house but nothing came of it after that. 

Yes, he has just lost his son and it was in awful circumstances too. 
It's not like anyone wants them out to get money or anything like that I think he just didn't want the stress of it all. 

I don't blame them at all for getting advice as we would also do the same. I'm just hoping my husband can get through to him. 

xylophone

just because the family now want to sell the property?

Is that so unreasonable?

Wheretostart90

oldbikebloke said:

aside from theWheretostart90 said:

 I think his dad just wanted to get it sold so it wasn't all going through himself. 

is father in law in a frame of mind to listen to advice? Did he approach you, or did you just step in yourself?
your husband appears not to have had any contact with his brother for several years.
Your father in law has lost his son, who had a child but apparently no wife. So your father in law not unsurprisingly in the circumstances has attempted to sort things out. 

there is a child involved but I would guess given the above you have no idea if there is a will. If there is, there will be a named "executor", if there isn't, then someone (father in law?) needs to take on the role of "personal representative". These are the only  "persons" who should be sorting this out as the tenancy (and as already mentioned by others, there is a perfectly legal tenancy in operation) has carried on, but is now legally in the name of the estate of the deceased. The state if therefore the only "person" able to take any further action and it is the estate who should be taking advice on next steps. 

We have only got back into contact since finding out his brother was in hospital. 

He was mostly absent from his daughters life, no wife and no will that his father or anyone can see as of yet. 

I really don't understand everything that should happen once someone passes away. 
 I think he's got a solicitor so I guess knows he can be involved in sorting out the house and other things. 
I've tried to read up as much as I can since his death but everything I read is opposite to what he's intending to do and my husband just cannot get through to him. 

The only reason we know what he plans to do on Friday is because he has asked my husband to go there with him ( which I don't want to happen) 

greatcrested

just because the family now want to sell the property?

xylophone said:

just because the family now want to sell the property?

Is that so unreasonable?

As so often, rights have to be balanced against each other.

Yes it's reasonable for the family to want to sell the property.

Yes it's also reasonale for the tenants to want to protect their home.

For better or for worse, the law sides with the tenants.