Dad died; tenanted property in his estate

GardenLass wrote: »

My intention was always to sell the house and ...... I was considering selling it with the tenants in situ,
An option but
* it will take longer and
* you'll get less than market value (bearing in mind the market value is what you are paying Inheritance Tax on)

however, the letting agency has been less than helpful and I have now decided that I want to go with a clean slate - get rid of the letting agency and evict the tenants and just sell the house empty in the normal way.
I would maintain the agent till the tenancy is ended.

I do feel bad for the tenants but I will, of course, act within the law and be as reasonable as I can.
Speak to them. Good communication can avoid all sorts of conflict down the line. Ask if you can go round for a chat for tea and take a cake!

......
I have done some research and I see that I need to use a Section 21 to evict the tenants, giving them at least two months' notice. I also see that to use Section 21, I need to have given them a copy of the Government's How To Rent leaflet, the gas safety certificate and the energy performance certificate.
Far far more than that. See the checklist.

I have asked the letting agency if they provided those three documents to the tenants and if so, when they did so. They aren't telling me. I need to ask them again.
Have you asked in writing?
....

My questions at the moment are:

- Am I now the landlord? I didn't think I was because the house is still part of my dad's estate and ownership of it has not passed to anyone?
As administrator of the Estate, you are the landlord. Have you informed the tenants? In writing! Either you or your agent must do so. (see LL/R Act at end).Take a letter when you go to tea!

- The tenants don't know that my dad has died - what do I/the letting agent need to tell them I am? Their new landlord? My dad's Personal Representative?
As above
( you cannot be his representative since he is deceased. You are the Administrator of his Estate.

- Do I need to do this asap or can I do it when I start the eviction process?
asap. The more, and the earlier you communicate, the better. Suddenly serving a S21 out of the blue will cause the T's to
a) panic
b) be resentful

- Can I communicate this to the tenants directly or do I need to go through the letting agent?
You are the landlord. There is no reason not to communicate with your tenants.

- Do I need to sign a new contract with the letting agent? I was under the impression that I didn't need to, especially if I don't want to continue with the let, as the contract they have with my dad still stands unless I put the house into my name?
I'm not sure whether you 'inherit' (are bound by) your dad's contract with the agent - I suspect you are, so a new one is not needed.
However, as I've said, I'd be inclined to continue to use them and work with them.
Provided the new contract terms are reasonable, it might be better to sign, rather than start a battle over contracts - especially as this is a short term arrangement.
If the contract terms are not reasonable, or do not meet your needs, negotiate to get them changed. Agents' contracts are not set in stone!


- Do the tenants need to have been given the three documents at the start of the tenancy for the Section 21 to be valid?
See the checklist.

- If the tenants haven't ever been given the documents, then can they be given them shortly before being served with the Section 21 or does a certain amount of time need to have passed?
See the checklist.
In some cases, there is ambiguity in the law regarding whether serving a document late then permits a valid S21 to be served.
(see 'Caridon Property Ltd V Shooltz, Central London County Coury, 2 Feb 2018)


See the checklist.

- If the letting agent doesn't want to help me, can I serve the tenants with the three documents and the Section 21 myself?
Yes of course. You are the landord.

GL

3 Duty to inform tenant of assignment of landlords interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2).......


(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

AdrianC wrote: »

TBH, OP, your easiest way to get the estate wrapped up - which should be your priority - is probably to get the property transferred to joint names, you and your brother. .

Dox wrote: »

- The tenants don't know that my dad has died - what do I/the letting agent need to tell them I am? Their new landlord? My dad's Personal Representative?
As above
( you cannot be his representative since he is deceased. You are the Administrator of his Estate.


Just one small correction to the above - Personal Representative is exactly what you are if you either the executor or the administrator of an estate.

xylophone wrote: »

To whose account has the rent been paid?

https://www.moneyadviceservice.org.uk/en/articles/calculating-and-paying-tax-after-someone-dies