Landlord selling my home

marleneb1

Poster_586329 said:

If her name and her address is on the contract as landlord, that makes her the landlord doesn't it?

The owner and the landlord don't have to be the same person.

If the paperwork shows that she's the landlord then surely she is the landlord.

Her name is not on the agreement. The landlord's name is on the agreement but he was resident in Australia. The address shown on the agreement is the home address of the landlord's agent but it is shown as his address, presumably so that no-one was alerted to the fact that he was resident in Australia. The landlord's agent also signed the agreement  where it states Signed by the above named landlord. His name was David Lawrence, hers Pauline Smith. Her signature was witnessed.
I don't know what arrangements they had - I know they were in a relationship for a few years,split up and she married. She had a letting agency and took on management of the property as a favour until he died and left the property to his Australian partner.

theartfullodger

I trust you have permission for son to do works.  Landlord really ought to pay him.

marleneb1

Apodemus said:

If the property is in substantial need of upgrading and you are paying over £1k per month in rent, might it be worth doing the sums on buying the property from the owner - at a suitable discount to market value?  They should know that they will face an uphill struggle to get you out and that selling with a sitting tenant is never easy, so the cards are perhaps stacked in your favour. 

She did ask if I was interested in buying a couple of years ago but I would stand little chance of obtaining a mortgage.

marleneb1

theartfullodger said:

I trust you have permission for son to do works.  Landlord really ought to pay him.

Yes she encourages it but no payment.

[Deleted User]

AdrianC said:

marleneb1 said:
've looked at the last actual tenancy agreement I received prior to it going periodic. It's dated 2003 for a period of 12 months and the original landlord was still alive, resident in Australia but his address given is the UK home address of his friend who also acted as letting agent for him.

Is this friend still resident at that address and acting as agent?

Am I correct to assume therefore that my periodic tenancy is based upon my 2003 agreement with the deceased landlord?

Yes.

The tenancy was for a fixed period of 12 months, then went periodic.
It continues as a periodic tenancy until one of...
1. You sign a new tenancy.
2. You move out voluntarily.
3. A court grants the landlord possession.
...happens.

If the landlord chances, then the tenancy continues unchanged, just with a different landlord. BUT that new landlord must correctly inform you within a certain period (30 days, IIRC) of their existence, responsibility, UK address, etc...

As per my previous post (usually) within 2 months and the address for the serving of notices has to be in England or Wales. A Scottish or Northern Irish address will not suffice. 

[Deleted User]

marleneb1 said:

AdrianC said:

marleneb1 said:
've looked at the last actual tenancy agreement I received prior to it going periodic. It's dated 2003 for a period of 12 months and the original landlord was still alive, resident in Australia but his address given is the UK home address of his friend who also acted as letting agent for him.

Is this friend still resident at that address and acting as agent?

Yes I think she still resides at the same address but she is retired now and no longer acts as agent, although I think it likely the new landlord will try to obtain her help with putting the house on the market etc., given the current pandemic and travel restrictions.
I'd really like some clarity around what are the ramifications of me continuing to pay rent into a deceased person's bank account? I raised my concerns shortly after his death and was informed that the landlord's solicitor advised to carry on.

After his death his estate would have continued to collect the rent until such time as the property was transferred to his beneficiary(s). There aren’t really any ramifications for you, other than the potential tax issue...maybe. 

You could stop paying rent until your landlord does what she should have done all those years ago ie written to you informing you she’s your new landlord and providing you with an address for the serving of notices in England and Wales. 

If you were so minded you could probably tie your landlord up in knots due to her lack of due diligence. That would buy you more time in the property if that’s what you want. Is it more hassle than moving somewhere where the landlord actually does maintain the property? Only you can decide. I don’t suppose there’s any chance of you and/or your son being able to buy the place? 

marleneb1

Lover_of_Lycra 

After his death his estate would have continued to collect the rent until such tim property was transferred to his beneficiary(s). There aren’t really any ramifications for you, other than the potential tax 

You could stop paying rent until your landlord does what she should have done all those years ago ie written to you informing you she’s your new landlord and providing you with an address for the serving of notices in England and Wales. 

If you were so minded you could probably tie your landlord up in knots due to her lack of due diligence. That would buy you more time in the property if that’s what you want. Is it more hassle than moving somewhere where the landlord actually does maintain the property? Only you can decide. I don’t suppose there’s any chance of you and/or your son being able to buy the place? 

As there was a letting agent managing the property until the landlord's death, would it not be her responsibility to report to HMRC re taxes on rent?

At the moment we're not in  position to buy the property. I do feel minded to dig my heels in and cause her some of the stress she's caused me. I'm not sure I'd want to stop paying the rent  - that would give her grounds for eviction. 
Ideally, I suppose the best I can hope for is a couple of years grace so that we can look at our options without being pressurised and feeling helpless - really bad for the heart.

lisyloo

Do you have any legal cover attached to your contents insurance?

[Deleted User]

marleneb1 said:

Lover_of_Lycra 

After his death his estate would have continued to collect the rent until such tim property was transferred to his beneficiary(s). There aren’t really any ramifications for you, other than the potential tax 

You could stop paying rent until your landlord does what she should have done all those years ago ie written to you informing you she’s your new landlord and providing you with an address for the serving of notices in England and Wales. 

If you were so minded you could probably tie your landlord up in knots due to her lack of due diligence. That would buy you more time in the property if that’s what you want. Is it more hassle than moving somewhere where the landlord actually does maintain the property? Only you can decide. I don’t suppose there’s any chance of you and/or your son being able to buy the place? 

As there was a letting agent managing the property until the landlord's death, would it not be her responsibility to report to HMRC re taxes on rent?

At the moment we're not in  position to buy the property. I do feel minded to dig my heels in and cause her some of the stress she's caused me. I'm not sure I'd want to stop paying the rent  - that would give her grounds for eviction. 
Ideally, I suppose the best I can hope for is a couple of years grace so that we can look at our options without being pressurised and feeling helpless - really bad for the heart.

Yes but she no longer appears to be the letting agent. 

You can most likely legitimately withhold the rent given what you’ve said so far but I can understand why you might not want to. 

I think it would be worth contacting Shelter to help you deal with your clueless landlord and what you might do if/when you eventually move. 

Grumpelstiltskin

Marlene        Please understand even if you stop paying your rent your landlord can't just evict you.

They still have to jump through all the various hoops and as they have not stuck to the law they will find eviction almost impossible.

Don't panic and listen to what the experts on here are telling you.