Landlord has died with no NoK

silvercar

Certainly interesting situation. Once the landlord is found they will be in breach of tenancy for not keeping up with legal requirements eg annual gas certificate!  Shame your landlord didn’t leave you the property, given they haven’t left it to anyone else!

Flugelhorn

silvercar said:

Certainly interesting situation. Once the landlord is found they will be in breach of tenancy for not keeping up with legal requirements eg annual gas certificate!  Shame your landlord didn’t leave you the property, given they haven’t left it to anyone else!

and if a landlord (say a distant relative) was found, would they genuinely be able to say they didn't know they had to do this?   Can imagine the probate researchers will be on to this - unless they have been already and given up the hunt 

kkkklinky

There doesn't appear to be any relatives unfortunately, heir hunters have been looking and haven't found anything, there was a substantial amount of cash in the bank account and other properties that also had tenants. Strange situation. My uncle is a solicitor and has been tracking this case. My local council has been taking over abandoned properties in order to turn into council housing so wondering if that may happen to mine.

Flugelhorn

kkkklinky said:

There doesn't appear to be any relatives unfortunately, heir hunters have been looking and haven't found anything, there was a substantial amount of cash in the bank account and other properties that also had tenants. Strange situation. My uncle is a solicitor and has been tracking this case. My local council has been taking over abandoned properties in order to turn into council housing so wondering if that may happen to mine.

It definitely is a strange one and am sure they would have come up with a relative if there was one - reckon the chance of finding one is greatest early on.  Suspect it might be better if the council do take over the property as would give you more certainty and repairs etc would get done

Sea_Shell

Flugelhorn said:

kkkklinky said:

There doesn't appear to be any relatives unfortunately, heir hunters have been looking and haven't found anything, there was a substantial amount of cash in the bank account and other properties that also had tenants. Strange situation. My uncle is a solicitor and has been tracking this case. My local council has been taking over abandoned properties in order to turn into council housing so wondering if that may happen to mine.

It definitely is a strange one and am sure they would have come up with a relative if there was one - reckon the chance of finding one is greatest early on.  Suspect it might be better if the council do take over the property as would give you more certainty and repairs etc would get done

Would it though?    

If the OP is not entitled to a council house*, would they not serve notice and replace them with someone who does?

It really is a shame that the LL didn't think long and hard about what they wanted to happen to their estate.   If it was just going to end up with the Crown, it would have been a lovely gesture to leave it to charity or to the sitting tenants of each property at the time.  



* Is entitlement to housing element under UC further down the pecking order to someone entitled to a LA home?

Section62

kkkklinky said:

There doesn't appear to be any relatives unfortunately, heir hunters have been looking and haven't found anything, there was a substantial amount of cash in the bank account and other properties that also had tenants. Strange situation. My uncle is a solicitor and has been tracking this case. My local council has been taking over abandoned properties in order to turn into council housing so wondering if that may happen to mine.

Yours isn't abandoned though - it belongs to the estate of your landlord which in the absence of beneficiaries belongs to the Crown.  You are also living in the property, so it doesn't need the council to intervene (yet) to make sure it is being used as a home.

When the council advised you to stay put, did they give you any indication about applying to go on their housing list? Even if the council did (eventually) take ownership there's no guarantee they would let you carry on living there, especially if (for example) the property is larger than you need. And they would also very likely want you to move out while the property was refurbished up to their standards.  It is unlikely to be as simple as them taking over from your deceased landlord with everything else staying the same.

silvercar

Section62 said:

kkkklinky said:

There doesn't appear to be any relatives unfortunately, heir hunters have been looking and haven't found anything, there was a substantial amount of cash in the bank account and other properties that also had tenants. Strange situation. My uncle is a solicitor and has been tracking this case. My local council has been taking over abandoned properties in order to turn into council housing so wondering if that may happen to mine.

Yours isn't abandoned though - it belongs to the estate of your landlord which in the absence of beneficiaries belongs to the Crown.  You are also living in the property, so it doesn't need the council to intervene (yet) to make sure it is being used as a home.

When the council advised you to stay put, did they give you any indication about applying to go on their housing list? Even if the council did (eventually) take ownership there's no guarantee they would let you carry on living there, especially if (for example) the property is larger than you need. And they would also very likely want you to move out while the property was refurbished up to their standards.  It is unlikely to be as simple as them taking over from your deceased landlord with everything else staying the same.

I disagree. Tenant has a tenancy. I can’t see the council evicting, advising the tenant to apply to the same council as homeless and go on the housing list, with the council obliged to find accommodation in the meantime. In the same way as when housing associations take on re from others, you accept the tenants and their tenancies as part of the deal.

Section62

silvercar said:

Section62 said:

kkkklinky said:

There doesn't appear to be any relatives unfortunately, heir hunters have been looking and haven't found anything, there was a substantial amount of cash in the bank account and other properties that also had tenants. Strange situation. My uncle is a solicitor and has been tracking this case. My local council has been taking over abandoned properties in order to turn into council housing so wondering if that may happen to mine.

Yours isn't abandoned though - it belongs to the estate of your landlord which in the absence of beneficiaries belongs to the Crown.  You are also living in the property, so it doesn't need the council to intervene (yet) to make sure it is being used as a home.

When the council advised you to stay put, did they give you any indication about applying to go on their housing list? Even if the council did (eventually) take ownership there's no guarantee they would let you carry on living there, especially if (for example) the property is larger than you need. And they would also very likely want you to move out while the property was refurbished up to their standards.  It is unlikely to be as simple as them taking over from your deceased landlord with everything else staying the same.

I disagree. Tenant has a tenancy. I can’t see the council evicting, advising the tenant to apply to the same council as homeless and go on the housing list, with the council obliged to find accommodation in the meantime. In the same way as when housing associations take on re from others, you accept the tenants and their tenancies as part of the deal.

I agree, except my point was that I don't think the council will do that.  The powers they have to take on 'abondoned' property and bring it back into use don't extend (afaik) to taking on properties with tenants and then continuing the tenancy on the same basis as the previous landlord had.

Skiddaw1

Just a thought- if nothing happens for 12+ years would the OP be able to claim the house under adverse possession rules?

Section62

Skiddaw1 said:

Just a thought- if nothing happens for 12+ years would the OP be able to claim the house under adverse possession rules?

IANAL - but I think probably not.  Their occupation started with the consent of the landlord under a tenancy agreement.  If they continue to reside there as a tenant then (I assume) the permission element would continue to apply.