Urgent advice needed

NameUnavailable

GDB2222 said:

NameUnavailable said:

xylophone said:

just because the family now want to sell the property?

Is that so unreasonable?

Not at all. If correct legal process is followed. Turning up out of the blue and trying to literally kick people out on the street isn't.

The process is now ridiculously long winded. A lawful eviction can easily take 18 months at the moment. 

So what are you saying? It's OK ignore the law because it takes too long and it's OK to force people out of their home?

If there's a mortgage then there is another option - just walk away from it and let the lenders sort it out. Any equity will be gone most likely but that's the stress free option.

Crashy_Time

Wheretostart90 said:

Ok,  so I will attempt to keep this as simple as I can. 

My husbands brother passed away in October, he owned a house in Wales which he was letting 2 friends live and pay rent for. 
No tenancy was ever drawn up 
He was not listed as a landlord 
He was living in England with his nan and grandad at the time of his death and probably a year or so before, we were not in contact with him in the last few years so didn't know any of this. 

So, my husband's dad took over everything and said they could stay there until after Christmas, as it's being put up for sale. 

They were meant to be leaving the house Friday however he has had a message to say the council have advised them to stay in the premises and he cannot make them leave for 6 months as they are in a stage 4 lockdown and have rights. 

Is this still correct even though there is no tenancy in place? 
I know this is the case if there is and I know they can prove they have paid rent for some time. 

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? 

Crazy idea, don`t do that, listen to the advice on here instead.

Crashy_Time

Slithery said:

About the only thing you can do is pay them to leave. Seeing as they would be making themselves 'intentionally homeless' in the eyes of the council they would no longer be eligible for any council assistance so would be giving up a lot.

I'd start my opening offer at £5000 but be prepared to pay more. If they refuse then there isn't much you can do except find a cash buyer who wants to take over the existing unregulated tenancy and expect to take a 50% hit in the property value.

Come on, that`s not going to happen due to this situation?

GDB2222

NameUnavailable said:

GDB2222 said:

NameUnavailable said:

xylophone said:

just because the family now want to sell the property?

Is that so unreasonable?

Not at all. If correct legal process is followed. Turning up out of the blue and trying to literally kick people out on the street isn't.

The process is now ridiculously long winded. A lawful eviction can easily take 18 months at the moment. 

So what are you saying? It's OK ignore the law because it takes too long and it's OK to force people out of their home?

If there's a mortgage then there is another option - just walk away from it and let the lenders sort it out. Any equity will be gone most likely but that's the stress free option.

No, I clearly was not saying that. 

hb2

Can OP's OH explain to the father that the property can't be sold until probate/letters of administration have been granted? That might give him time to stop and think, rather than acting in haste.

getmore4less

It's an intestacy and there is a child, unless  those with parental responsibility have agreed the father can take on administration has no legal status and  would need LOA to deal with the property.

The gotcha here is that if he messes up he can becomes personally liable not the estate.

As pointed out if it is a H2B the house could be in negative equity and if the estate is insolvent as well then it can get worse .

AdrianC

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.

Nobody has just become a landlord.

The deceased's day-to-day management of the business he's been running badly for years has simply been taken over on his behalf by the executor of his will. It is the deceased who is still the landlord, and who still bears the legal responsibilities for the tenancy itself, through his estate. The executor will be responsible for any actions he takes on the estate's behalf.

Wheretostart90

It looks as though Friday won't be happening now. 
His son who passed away had one daughter who is 16, everything will eventually go to her if there is anything once everything else it paid off. 
My husbands dad asked her to sign something to say he could handle everything on her behalf, however her mum took her to another solicitor who advised her mother should also be involved. That's annoyed him and now he's p*ssed, said he's not doing anything now and they can deal with it. Toys thrown out the pram. 
His son never helped her mum and she is owed thousands in CSA so his dad and sister think shes after that. Personally I think she should have what she's owed but that's me. 

I thought he had to be made representative of the estate via court to do anything, he said he has but if that's the case why would he need her to sign something?
There is no will. 
I think he feels he was trying to get everything done and maybe focusing on that instead of grieving.
Then lashes out because he can't actually cope. 
Many decisions he has made since his son has passed has made me question things as it's not what I've read should be happening. 
Then I'm trying not to come across as a cow by constantly pointing it all out. 
Then he says he has a solicitor so I assume they should be telling him right from wrong. 
 
At the same time there is no talking to him. 

Within the first week he transferred all the household bills over to him and had them paying rent so he could continue paying the mortgage. 

Could they not have just gotten the house repossessed by the mortgage company, paid whoever is owed money (debts) then given his daughter the rest? 

davidmcn

Wheretostart90 said:

Could they not have just gotten the house repossessed by the mortgage company, paid whoever is owed money (debts) then given his daughter the rest? 

Well, no, the mortgage is a debt of the estate and an executor can't be dishing out the rest of the estate before the property is sold and any shortfall dealt with.

Wheretostart90

Ok, well he had estate agents in there a few weeks ago, then listed it for sale. 
However, was then told by his solicitor he couldn't actually sell the house yet because of the daughters age.