New AST under probate

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    New AST under probate

    Hi. Quick question

    property portfolio is under probate.

    the land-lady (Mum) used the family office address as the landlord address on the tenancy agreement, rather than her home address. Always did this for 20 odd years.

    Under probate, I have to sign a new tenancy agreement on one of the properties, so acting on “her behalf”

    under the landlord address, can I use the office address she always used (as this is the one she would have used if alive), or do I use the home address where she lived (which is the one logged with probate). Anything to do with the rental houses (such as contracts, maintenance etc are all registered at the office address, nothing is registered at the home address.

    i am under the impression for a tenancy agreement that any address could be used (For landlord), as long as any notices can be served to the address. (The office address is currently being used for the family business, so all post would be opened quite quickly).

    thanks

    #2
    Surely the landlord is "Estate of Mum"??

    I don't think any new tenancy agreement is needed - surely the old one simply continues?? But IANAL.

    btw when there is a new landlord (after probate) note that notice(s) need serving, (assuming this is in England or Wales?) s48 & s3 notice(s) - unless a new tenancy agreement is signed, but tenant doesn;t have to accept that, doesn't have to accept any changes.

    s48 just requires AN address for landlord in England or Wales, (or no rent due!!), s3 requires landlord's ACTUAL address so you'll need to provide that. Often one notice will do, but not always, might need two (eg when I bought a property in England when I was living in Scotland). The letting agent didn't understand (sigh!)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      The old/current one is coming to the end, and probate has not yet been granted. Just bad timing

      Comment


        #4
        Originally posted by PGTV View Post
        The old/current one is coming to the end, and probate has not yet been granted. Just bad timing
        If the tenancy is an AST and what's coming to an end is a fixed term, there's no need for a new agreement, it would just become periodic.

        When the probate is granted, you would formally confirm to the tenant who new the new landlord(s) is/are.

        You can use the office address, provided notices can be served there and (at least in theory) someone could turn up and pay rent there.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Is there a will and are you the sole executor or executor jointly with someone else?

          When is the grant expected?

          Comment


            #6
            Originally posted by Lawcruncher View Post
            Is there a will and are you the sole executor or executor jointly with someone else?

            When is the grant expected?
            There is a Will. Joint executor

            grant probably within a 2-3months

            Comment


              #7
              In that case you and your co-executor are the legal owners of the property and can sign a new tenancy agreement without waiting for probate.

              Normally one would expect executors (unless professionals like solicitors or accountants) to give their home address in a legal document. It is however not a legal requirement for a tenancy agreement. I would not go for your mother's home address, but the family business address will be fine.

              Comment


                #8
                I filed for probate on an estate in October. Still no grant. It has taken quite a while to agree valuations of various properties for IHT.

                Comment


                  #9
                  Originally posted by flyingfreehold View Post
                  I filed for probate on an estate in October. Still no grant. It has taken quite a while to agree valuations of various properties for IHT.
                  I used a RICS approved surveyor to value the properties - HMRC are more likely to accept their report/valuation then estimates from zoopla.

                  handy to know about the time length thou. It was only submitted last month, so might be some time still.

                  thankyou for everyone comments btw

                  Comment


                    #10
                    We submitted a valuation from not merely a valuation by a RICS member, but one on the President's panel of experts; but yet they still argued that the values should be pushed up notwithstanding that at the date of death the property investment market was barely operating. The problem which we had was that what transactions were completing were typically agreed before covid struck, so those are the yields/values for which the Taxman's valuer was advocating should apply.

                    Comment


                      #11
                      I suppose someone has to pay for all this furlough money, so why not tax the dead more.

                      no wonder everyone is on a scam or fiddle. You can be like my parents - honest all their lives, but are getting hammered in death taxes. And both were failed by the NHS too

                      Comment

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