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Letter from Estate Agent

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alienuk
alienuk Posts: 66 Forumite
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in House buying, renting & selling
Hi All - I am looking for some help from experts here.
I would like to start with 'thanks' for your time to answer this query.
I am living as a tenant in a 2 Bed flat with my wee ones aged 7 and 4 who are attending classes at the nearest primary school .
I received a letter from an estate agency saying that the Landlord has sadly passed away and they are acting on behalf of the executors of the landlord and asked for access into the property for the surveyors.
I am new to how this works and would like to know what will be the likely next steps? Will I be asked to vacate the flat at short notice? I am worried as my wee ones are in the middle of the term.
Experts here , can you please advise my rights please?
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  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    You can be asked to vacate at whatever the notice period is on your agreement.

    You dont have to leave immediately or when the date of that is, and depending what your plans are you can drag it out for months, until you are evicted by bailiffs if thats whats needed to get you a council property.
    If you intend to be privately renting then start looking now and move on your own timescale.

    You may find that the new owners wish you to move quickly and will pay to encourage you to move, or will want you to stay to defer expenses, or might even decide to become landlords and continue with you. No way to know but the fact its a surveyor hints they wish to sell with you gone.
  • saajan_12
    saajan_12 Posts: 3,623 Forumite
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    alienuk wrote: »
    Hi All - I am looking for some help from experts here.
    I would like to start with 'thanks' for your time to answer this query.
    I am living as a tenant in a 2 Bed flat with my wee ones aged 7 and 4 who are attending classes at the nearest primary school .
    I received a letter from an estate agency saying that the Landlord has sadly passed away and they are acting on behalf of the executors of the landlord and asked for access into the property for the surveyors.
    I am new to how this works and would like to know what will be the likely next steps? Will I be asked to vacate the flat at short notice? I am worried as my wee ones are in the middle of the term.
    Experts here , can you please advise my rights please?

    The landlord's passing does NOT directly affect your rights under your tenancy agreement. The executors and eventually the LL's beneficiaries or the buyer if the property is sold, will simple step into the shoes of you landlord.

    Whoever your landlord is at the time, they can evict by serving the correct notice + obtaining a court order per your contract and/or statutory law.. as a minumum you have 4+ months, but please answer:
    1) where the property is (England/Wales/Scotland/NI)
    2) Tenancy dates (Start date, fixed term end date)
    3) Tenancy periods (monthly?)
    4) Clauses in last AST you have referring to notice or what happens after the fixed term
  • alienuk
    alienuk Posts: 66 Forumite
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    Many thanks for your response
    Here are the answers
    1) where the property is (England/Wales/Scotland/NI)
    Scotland
    2) Tenancy dates (Start date, fixed term end date)
    Commenced early 2016 and the term mentioned on agreement was 6 months and then it goes monthly roll over contract.
    3) Tenancy periods (monthly?)
    Yes monthly rent of 850£
    4) Clauses in last AST you have referring to notice or what happens after the fixed term
    I think this is answered in (2)
  • alienuk
    alienuk Posts: 66 Forumite
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    Thanks for your response - I am keen to stay for another 8 months when the school term finish after by then I should find a new property to move. This is a popular school catchment area and I am going to find it difficult to find another property within my budget.
    Winter is truly coming!
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    The executors of the estate will wish to have the property valued for probate purposes. Via the agent enquire what their intentions are for the property. Probate may take some time to be granted. Opening a dialogue will do no harm. As better to be fully informed than speculate and worry unnecessarily.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    In Scotland? OK disregard my answers entirely. I should have checked that, my apologies.
  • alienuk
    alienuk Posts: 66 Forumite
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    Thanks - Do you think Scottish laws are less stricter !?
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    I think Scottish laws are more in favour of the tenant but different enough I have no idea how it works with evictions and special cases such as death of landlord.
  • theartfullodger
    theartfullodger Posts: 14,603 Forumite
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    edited 9 November 2018 at 6:02PM
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    Thank agent for their kind letter: Ask where in the tenancy agreement it says they have a right of entry for surveyors (bet it doesn't). But it may be wise to be flexible, but ask anyway.

    Were you served an AT5 form prior to you 1st signing tenancy? If not then it an AT not an SAT (there is no such thing as an AST in Scotland) and you can pretty much stay as long as you like if you keep paying the rent.

    Also ask for copies of documents - proof of authority of executors, proof that executors have instructed agent to act for executors. And date landlord sadly died (executors must be registered landlords within 6 months of death, but probably don't know this). See
    http://www.lindsays.co.uk/news-and-insights/insights/executor-landlords-what-are-your-obligations
    - call me cynical but just because an agent says something doesn't mean it's true.

    Any issues, check shelter scotland website
    https://scotland.shelter.org.uk/get_advice
    - or call their helpline 0808 800 4444, 9-5 Mon-Fri (Scotland).

    A Scottish landlord is entitled to sell a property with a tenant living there. But the tenancy continues, with new owner becoming landlord, almost no change of tenancy terms. See "Lease Act 1449", still on statute books -

    http://www.legislation.gov.uk/aosp/1449/6/contents
    Item it is ordanit for the sauftie and fauour of the pure pepil that labouris the grunde that thai and al vthiris that has takyn or sal tak landis in tym to !!! fra lordis and has termes and yeris thereof that suppose the lordis sel or analy thai landis that the takaris sall remayn with thare takis on to the ische of thare termes quhais handis at euir thai landis !!! to for sic lik male as thai tuk thaim of befoir . ...
    - unfortunately the MSE censorship code has a problem with some valid old Scots words...


    Surveyors may just want to value the place for probate, and inheritor may be happy to continue with you as tenant, but we haven't a clue at this stage: Good luck!


    Slàinte mhath!
  • PRAISETHESUN
    PRAISETHESUN Posts: 3,723 Forumite
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    Regardless of what has happened you still have a valid contract which must be honoured by the estate, they cant just kick you out immediately. They have to abide by the terms of your contract, which for an AST could be as short as a few months if you cooperate, or longer if you resist eviction and they have to go through the courts to get you to move out. It may also take some time for the executors to be granted probate and be able to act on the estate's behalf, so there is no imminent risk of this happening.

    That said, it may help to be prepared. As has been mentioned, it may help to try asking what the intent of the new owners is - they may be happy to keep you on as tenants, or they may be looking to sell and wrap things up quickly - but it won't hurt to ask so you can then start thinking about where to go from there.
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