Accidental landlord - first steps

se2020

Keeping it brief,

Parent has passed away suddenly.

The will leaves the property to the children with the provision for the parents partner to remain living there for as long as they like.

Property consists of 2 floors which are each independent flats.

Ground floor flat is rented out to a tenant (rent is paid directly from dwp if that makes any difference?)

What happens now?

Do the children instantly become the landlords and responsible for mantainance etc? 
The tenancy agreement is only in the name of the deceased.

Are there any steps that need to be taken immediately in regards of notification to the tenant?

El_Torro

The estate becomes the landlord, then the people who inherit the property become the landlords. Whoever owns the property is responsible for maintenance payments and so on, yes. 

I'm not sure about the legalities of what to tell the tenant, though it would make sense to tell them who their new landlord is.

What agreement do you have with your parent's partner? Will they pay rent? 

poseidon1

As with your other post on this forum on the same subject, impossible to suggest where you all stand without seeing the exact wording of the will; are the flats on two separate leases or an undivided freehold; and who ( under the terms of the will) is entitled to the rental income.

My suspicion is there is an express or inferred trust for the surviving partner, but beyond  that inadequate data to advise further,

se2020

I have just had a quick look at the will,
3-4 pages about the property. 

It does indeed look like a trust of some sort.

The surviving partner has the right to occupation of the property and the right to any/all rental income.

They are also responsible for maintenance/repairs etc.

It does not seem to say who the landlord will now be though.

I don't think any of us (children or surviving partner) are keen to take on the role!

theartfullodger

You'll need probate 1st before being able to do much.  Do you have FULL paperwork for all the tenancies?? Which country is this (laws vary, especially eg Scotland v England).  It's tough enough already should estate need to evict anyone to find all the relevant paperwork to get through court with no failures or challenges (that tenants are clearly legally entitled to try): We are talking about THEIR homes after all. Treat with kid gloves.

Landlord will be e.g. "Estate of Mr A Smith".  Do executors have experience of being landlords?? If not, alternative (ignorance) could prove very painful.

I humbly suggest speaking to (somewhere neutral if poss eg local caff, buy buns and teas)  tenants, explaining the situation, what the executors WISH to do, what executors will do to help tenants (eg good references, being flexible over timescales - could be v slow or v quick) and did tenant want to buy.. Be calm, polite, friendly.  Executors will likely be seen as wanting to boot tenants out if the take to wrong approach. 

If executors can't find all necessary paperwork bribery may be a route (I'm not recommending it, just mentioning it)

Do executors have access to funds to pay expenses, solicitors etc etc??

Clearly anybody could be reading this thread... 

Good luck. A tricky set of learning "opportunities".

Keep_pedalling

Your mother’s will has created an immediate post death interest trust, which is normally straight forward, but the flat situation makes it somewhat tricky. Presumably there are two leaseholds involved here, with him having the right to occupy one of them so without seeing the terms of the will I guess that the trust covers just the flat he occupies and you inherit the other flat now. 

If this is the case the estate is currently the landlord for the rented flat, the trust is the legal owner of the other flat but beneficial ownership is with your mother’s partner. 

Can you let us have the full wording from the will regards the property (redact any personal details)

PS. I think this thread really belongs to the Deaths, Funerals and probate board so I will ask a mod to move it. 

Albermarle

Landlord will be e.g. "Estate of Mr A Smith".  Do executors have experience of being landlords?? If not, alternative (ignorance) could prove very painful.

However at some point the estate will be distributed, so that situation will change.
Then will the landlord be the beneficiaries ( the children of the deceased) or the person receiving the rent ( deceased's partner) ? ? Apparently the trust says the partner will be responsible for maintenance etc.

OP - I think you will have to go through that trust paperwork with a fine toothcomb. Do you know which solicitor was used to draw up the will. Maybe they can be best placed to explain it ?

One possibility is that you will be the freeholder, but the partner will effectively lease the whole property from you and then rent out the other flat, making the partner the landlord of the tenants.
Maybe the lease will revert to you when the partner dies.
Without examination of the will/trust in detail, who knows !

RAS

Was the deceased renting out the property directly to the tenant, or via a Letting/Estate Agent? 

Who is the freeholder?

What documentation does the estate or partner have regarding the tenancy? Deposit details, EICR, gas safety, insurance?