Death of Landlord

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    Death of Landlord

    Hi,

    I have just received notification that my Landlord passed away 2 days ago and that it will be the Families intention to sell the property.

    I have been living in the property since May 2005 and I originally had an Assured Shorthold Tenancy Agreement and I have just continued paying my rent every month without ever changing the agreement or signing any other paperwork.

    What I am trying to find out is, How much notice do the Family have to give me to vacate the premises once they decide to sell? I have seen all sorts saying anything from 30 - 90 days but am not sure what to believe.

    Any assistance would be gratefully appreciated.

    Many Thanks

    Wakey

    #2
    2 clear months, the last day to end on the last day of a rent period.

    (i.e. agreement said you rented from 15th of month and pay rent on that day, notice has to expire so that your last day of occupation is 14th of 2nd month)

    If you dont leave, they will have to get a court order and that will take 1 to 3 months additional.

    Comment


      #3
      Many Thanks, I will leave as I'm sure they have enough going on as it is - I just needed to know how long I've got!!

      Once again, Many Thanks.

      Wakey

      Comment


        #4
        Or you (OP) could similary give a minimum of 1 months notice (in writing) to expire on the last day of a rent period.

        The death of the landlord makes no difference to your legal position or security or to your rights and responsibilities or (now) those of the Executors of the Estate who technically become your landlord.
        The comments given here are provided free of charge and inevitably without sight or knowledge of the full facts and are thus given in good faith but without liability and should not be relied upon as formal legal advice.

        Comment


          #5
          You've been there since 2005 - presumably the landlord thought you were an OK tenant... the family may be happy for you to stay there a bit longer whilst they sort everything else out.. (hint to family: house valuation would probably be lower, for probate purposes, when rented than spruced up with vacant possession...)


          However (as i know myself twice in the last 2 years) deaths in families give people stress & may make them non-rational...

          Hope it works out....as PRS said your rights haven;t changed, it's like the LL announced he wants to sell...

          Cheers!

          Lodger
          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


            #6
            Originally posted by wakem475 View Post
            Many Thanks, I will leave as I'm sure they have enough going on as it is - I just needed to know how long I've got!!

            Once again, Many Thanks.

            Wakey
            Wow, I wish our tenant was as sympathetic as you.............

            Comment


              #7
              It will take at least 2 months to go through probate so they won't be able to do anything until after then (this is my experience anyway - MIL died earlier this year, left a clear will, took 2 1/2 months to get everything sorted without solicitors)

              Happy to be corrected though.

              Comment


                #8
                Agree with localgovworker.

                Suggest you talk to them and find out what their plans/desires are. Tell them you will be flexible.

                Comment


                  #9
                  Much depends on how L's Estate will be wound-up. If L left a Will and named an Executor (E) who is intending to prove it, E can already act on behalf of the Estate. If there is no such E, or no Will at all, the Administrator's powers to act will arise only when a Grant of Letters of Administration is issued.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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