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Accidental absent landlord, needing to sell at a distance

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  • theartfullodger
    theartfullodger Posts: 15,710 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 March at 12:29PM
    Have you served (or had served) notices for s3 & s48??  

    Are you carrying on with rent paid to the estate of deceased parent or does rent now come to you.  If now rent coming to you check if these notices have been served: If not no rent due & iirc possible fines & criminal offence.  See (I know it says sale but the principles apply)
    https://england.shelter.org.uk/professional_resources/legal/renting/change_of_landlord/tenants_rights_when_a_landlord_sells

    If you've done no training or education in being a landlord & landlord/tenant law you are taking BIG risks... Strongly suggest you sort it.

    Remember to be a lettings agent in england requires no qualifications, no training, no criminal records check.  The whole office could be staffed by criminals on early release from GBH & fraud sentences at Brixton nick.

    Good luck -- think you need it...
  • BikingBud
    BikingBud Posts: 2,549 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Is the property in the estate still?

    Have the tenants been advised of the death of landlord?

    Are the executors collecting rent?

    What Happens To Tenants If Their Landlord Dies?

    Legally, the tenancy does not die with the landlord but becomes part of their estate.

    The executor should continue managing the tenancy during probate and then sell or pass the property on as the will directs.


    sclare said:
    Thank you for that link @tacpot12. Clearly I've been far too naive about this. I just want rid of the place as quickly and easily as possible, but clearly it's not that simple. 
    When dealing with property, whether rented or not, it is often not so  simple.
    You just need to read through this forum to realise that.
    This .

    I would read as much as I could find from reputable sites to understand fully the tenant's rights before even considering what you might wish to do.

    tenants_rights_when_a_landlord_dies
  • ReadySteadyPop
    ReadySteadyPop Posts: 1,687 Forumite
    1,000 Posts Photogenic First Anniversary Name Dropper
    sclare said:
    Thank you for that link @tacpot12. Clearly I've been far too naive about this. I just want rid of the place as quickly and easily as possible, but clearly it's not that simple. 
    Sometimes it is, many tenants will just move out when you ask them to and rent somewhere else, sometimes the advice on here makes it sound like all tenants are the tenants from hell, I think in this economic climate selling will be a bigger task than getting the tenants out.
  • newsgroupmonkey_
    newsgroupmonkey_ Posts: 1,270 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    sclare said:
    Thank you for that link @tacpot12. Clearly I've been far too naive about this. I just want rid of the place as quickly and easily as possible, but clearly it's not that simple. 
    Sometimes it is, many tenants will just move out when you ask them to and rent somewhere else, sometimes the advice on here makes it sound like all tenants are the tenants from hell, I think in this economic climate selling will be a bigger task than getting the tenants out.
    Sorry, but that's not true. Particularly in England.
    Rents are shooting through the roof and because Landlords are getting out of the market, there are fewer and fewer properties about. The right houses in the right conditions are still selling in a number of days if they're priced correctly.

    Where I live, I've seen lodger rooms going for £700 a month for a single bedroom. I live in the middle of nowhere.
  • sclare
    sclare Posts: 118 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    It's a long story, but the property was in both names as joint tenants, so it reverted to me and no probate necessary.  But I'd never had anything to do with the place and was basically just a name on the deeds. My parent bought it and received all the rental payments. The back story would take too long to tell, but I never wanted any of this. Hence me seeing the place as a milllstone rather than a benefit. The stress that this and the back story has caused me one way or another is horrific. It may be that I don't even get the proceeds of the sale so I don't really care what it goes for.

    So this is why I want to get rid as simply as possible. I would have loved for the tenants to be able to buy it, but that's highly unlikely. 

    I have faith in the letting agent doing everything properly (famous last words) and simply don't have the time or headspace to learn how to be a landlord when I just want rid. I just want a handhold and someone who can take charge of as much as possible, even if it costs. 
  • subjecttocontract
    subjecttocontract Posts: 2,774 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 9 March at 8:11PM
    If the agents can't, won't or don't want to handle things you could talk to Landlord Action who will handle the eviction process for you. Easy to find and their costs are all online.
  • FlorayG
    FlorayG Posts: 2,208 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    First of all, get your agent to serve the Section 21 - you never know, it may all go well and they will go. Just hope the agents have followed legal process in the tenancy otherwise it could take forever if they won't go.
    Consider offering the tenants a cash sum to leave on time, this is quite legal and commonly done; you just need to find out how MUCH money they will need. I'm talking in thousands, not hundreds BTW but if you can get them to agree to that it will cost you money but save you hassle. Get everything in writing if they agree
    Once it's empty you can put on the market as it is, as long as the price is right someone will buy it. Price it low if you really don't care about the money and a private developer will buy it, gut it and 'do it up' to sell on.
    The house I live in now is an ex-rental. The EA told me that he told the vendors if they spent £2,000 on it they could put the price up by £10,000 but. like you, they just wanted shot of it so I got it cheap and everybody was happy
  • HobgoblinBT
    HobgoblinBT Posts: 315 Forumite
    Fifth Anniversary 100 Posts
    Have you discussed your property plans with the letting agent?  Some letting agents keep in contact with landlords who are looking to buy further letting properties. If you can sell to a landlord at a reasonable price, the difference between that and selling a vacant property might be one worth paying to save you a lot of work and stress.
  • sclare
    sclare Posts: 118 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    I'll be talking to the lettings agent this week @HobgoblinBT . Selling to a landlord would be ideal, but the tenants haven't been great at all, so I don't think a landlord would want them in situ. If they checked the state of the place and their rent payment history, they'd be put off.
    Also I imagine that the new laws coming in will be putting people off buying rental properties.
  • ReadySteadyPop
    ReadySteadyPop Posts: 1,687 Forumite
    1,000 Posts Photogenic First Anniversary Name Dropper
    sclare said:
    I'll be talking to the lettings agent this week @HobgoblinBT . Selling to a landlord would be ideal, but the tenants haven't been great at all, so I don't think a landlord would want them in situ. If they checked the state of the place and their rent payment history, they'd be put off.
    Also I imagine that the new laws coming in will be putting people off buying rental properties.
    Yes, that and the BTL borrowing costs, much harder to break even now I think.
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