Landlord - Tenant Died

Neilos9

Anyone help with a tricky situation.

Bought a house 10 Years ago, and rented it to someone, who has paid rent for 7 years, no issues.  
Tried to put the rent up, to a closer to market rent, 2 years ago, to be met with resistance, as Tenant, decided that as he had been living in the house 7 years he now owned it....
A few weeks ago, Tenant passed away, so wife went to the property to gain access etc, and was meet by the Tenant mother, who has moved in, to care for her son, but was too upset to discuss the situation.
Wife left it 2 weeks and re-approached to be met by the Tenant's Mothers Boyfriend, who has also moved in.....
They would not discuss and have said it is with Solicitors.
Land registry, shows me as owner, i have 7+ years of bank statements showing rent, and Mother has this month paid rent....
I have delivered a letter asking for return of the property within 28 days, and also now advised as no AST in place whist holding the rent, I am not classing it as rent.
I have offered them the chance to sign an AST at correct market rent.
My gut instinct is I am going to be totally ignored.

user1977

Neilos9 said:

I have delivered a letter asking for return of the property within 28 days, and also now advised as no AST in place whist holding the rent, I am not classing it as rent.

What do you mean by "no AST in place"? If you had an AST with the deceased (did you? Not clear from your post) then it's still in force...

diego_94

I would think that you would need to serve a valid S21 for the mother to move out.

doodling

Hi,

The tenancy with the previous occupant continues with whoever is managing their estate.

The fact that the new occupants have paid the rent is very strongly suggestive that they are the executors / administrators of the deceased's estate (even if they didn't want to be, they probably are now).

As you will know, the tenancy can only be ended by a court or the tenant (or in this case their representative). Sending a letter saying you want the property back has no legal meaning.

I would issue a S21 ASAP naming both the original tenant and the tenants mother as their representative.  The S21 will have the usual requirements for validity so make sure you meet them before you issue it.

On the plus side, at least you have someone to chase for rent whilst you're evicting them - if the tenant died without any representative or assets then you would need to issue a s21 or s8 and wait for the court to evict before reletting whilst receiving no rent.

I'm not a lawyer, you might want to consult one to confirm that I've got everything correct above.

deannagone

I also would suggest consulting a solicitor or firm that specialises in tenant law and eviction.  It will cost, but so will not being able to get rent for the property if the tenant's mother decides to pay no rent on the basis there is no AST in place (there is, the one for the previous tenant is still in place - I am afraid the letter you sent advising them there was no AST in place was incorrect and kind of led to the present situation \- I can almost see the tenants mother smiling at receiving this letter because she knows she is dealing with a LL who isn't up to date on tenancy law, and his rights/responsibilities). Plus I assume you wish to raise the rent to the rate you could obtain for that area which you weren't able to do two years ago? 

As you weren't able to do that then, I assume you will need some support as to what you can and can't do in this new situation to achieve a desired outcome.  You could also join a Landlords Association as they often give free advice.., but you might need more direct assistance. 

As has already been said, you can't just assume no tenancy exists because the previous tenant has died.  

Slithery

The original tenancy continues exactly as it was just with the deceased's estate being liable for all costs (instead of the tenant) until it is ended in the usual fashion.
Please read...
Ending/renewing an AST

Neilos9

thank you all, so the fact the mother and boyfriend have moved in with no permission, does not break the AST.
So will simply serve a section 21.
Thanks

RAS

Firstly, make sure that you have ALL the documentation in place, Gas Safety Certificate, deposit etc. Start by reading this thread Tenancies in Eng/Wales: Guides for landlords and tenants — MoneySavingExpert Forum

If you fail to get it correct on any of the 80 odd points, the S21 will fail. So paying a specialist might be worth while.

theartfullodger

Neilos9 said:

Anyone help with a tricky situation.

....................
Land registry, shows me as owner, i have 7+ years of bank statements showing rent, and Mother has this month paid rent....
.............

Unless mother paid making it very clear from her side that she was paying on behalf of the estate, I fear by accepting that rent you've agreed a new tenancy: A new AST, with mum, but without all the paperwork needed to evict.

Tricky.

Done any training in landlord/tenant law in those 10 years, please?

Neilos9

theartfullodger said:

Neilos9 said:

Anyone help with a tricky situation.

....................
Land registry, shows me as owner, i have 7+ years of bank statements showing rent, and Mother has this month paid rent....
.............

Unless mother paid making it very clear from her side that she was paying on behalf of the estate, I fear by accepting that rent you've agreed a new tenancy: A new AST, with mum, but without all the paperwork needed to evict.

Tricky.

Done any training in landlord/tenant law in those 10 years, please?

how can you stop someone paying into your account?

pinkshoes

Neilos9 said:

thank you all, so the fact the mother and boyfriend have moved in with no permission, does not break the AST.
So will simply serve a section 21.
Thanks

The S21 needs to be served to the ORIGINAL tenant. NOT the mother. You can then also put it care of the administrator of the estate of the deceased. 

BUT, before even serving the S21, go through the VERY LONG check list making sure you have done everything properly, otherwise the S21 will not stand.

In the mean time, the estate of the deceased needs to continue to pay the rent or give notice. You could always send a letter with the S21 saying that as the tenant is deceased, you have issued an S21, but as a gesture of good will, you will allow them to end the contract earlier if they wish, and to give you 14 days notice to end the tenancy and clear the house of all belongings.

This would at least give them a get out clause...