Landlord passed away - what now?

slimzoe

Hi all first post on this board and just looking for reassurance really. We got a letter in the post today to say our tenancy was being taken over by a Letting Agency (bit of history in the 18mths we have lived here we have had 3 letting agents and then the landlord was self managing). 
when I re- read the letter further it talked about executors and a google suggests our landlord has passed away (he was only young) 
the letter also stated somebody had spoken to us which they haven't so this has come as a bit of a shock. 
I am waiting for a call back from the LA but, am I right in thinking nothing changes, we would still need to be issued an S21 if they wanted to evict us? we actually are planning on moving pretty soon (waiting for a new build) but haven't yet mentioned that (because we arent stupid! lol and plan to have a cross over period) and have no firm date.
Any advice would be really gratefully received. 

MaryNB

The person who inherits the property will become your landlord. Nothing will change in terms of your tenancy you will just have a different landlord named on it. They have to provide you with the updated name and address so you can serve notice correctly when you want to move out. If they want you to move out they have to serve you with an S21 and this cannot expire before the end of your fixed term. They inherit the terms of the tenancy agreement as well as the property.

slimzoe

brilliant thank you, I thought that would be the case (although we are on a rolling tenancy now) but just needed confirmation as its a bit of a shock. 

Robbo66

You should get a Section 3 notice informing of a change of Landlord and also a Section 48 notice informing you of the address for serving notices

canaldumidi

Initially the property will become the responsibilty of the Executer of the will (or Administrator if no will). Once Probate is settled ownership of the property will pass to the Beneficiary, or new owner if the property is sold.

In all these situations, your tenancy remains unchanged other than the name of the landlord. The tenancy continues till either you serve notice, or a court ends it following a valid S21 Notice.

By law, any new owner (including the Executer) must serve you a S3 Notice (see Landlord & Tenant Act 1985 S3)..

Just to be safe (in case some nefarious person is claiming to be entitled to rent), I would set the rent to one side till you have confirmed the situation and who is entitled to the rent, ideally via the S3 notice.

AdrianC

Right now, the landlord's estate is still your landlord. There will be an executor, and they'll be the person managing and making the decisions in the interim.

Either...
1. The property will be inherited by somebody, as-is. That person will be your new landlord. Your tenancy remains unchanged.

2. The property will be marketed with sitting tenants. Whoever buys it will be your new landlord. Your tenancy remains unchanged.

3. The executor will give you notice, in order to be able to market it with vacant possession. Usual s21 rules apply.

GDB2222

There are practical issues about the deposit. Do you know how this is protected? If it's an insurance scheme, the new landlord can just give you your money back. With a deposit scheme, they need to log on to the landlord's account. There's a good chance that they can't do this. 

I don't think it's at all stupid to let the executors know that you are buying a new home and roughly when you think you'll probably move out. Make it clear that you're not giving notice. That way they can get their ducks in a row.

slimzoe

GDB2222 said:

There are practical issues about the deposit. Do you know how this is protected? If it's an insurance scheme, the new landlord can just give you your money back. With a deposit scheme, they need to log on to the landlord's account. There's a good chance that they can't do this. 

I don't think it's at all stupid to let the executors know that you are buying a new home and roughly when you think you'll probably move out. Make it clear that you're not giving notice. That way they can get their ducks in a row.

ahh ok, i may just do that - The deposit is in DPS so will speak to the agent. interestingly they were the last agent before he began self managing - I know this isn't the only property he owned and was landlord to. 
we were due to complete in November but have just been notified it has slipped to January (found this out yesterday too, not a great day!) so the advice on here has helped a lot.