Death of Landlord
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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.
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Agree with localgovworker.
Suggest you talk to them and find out what their plans/desires are. Tell them you will be flexible.
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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.
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Originally posted by wakem475 View PostMany 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
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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
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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.
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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
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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.
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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
WakeyTags: None
Latest Activity
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by jpkeatesIf the dispute is about the debt, which is a consequence of the 267% increase in rent, I don't see why the tenancy type impacts that.
The clause allowing a rental increase is either valid and/or fair or it isn't.
I don't really see why the kind of contract it's part of will change anything....-
Channel: Residential Letting Questions
08-08-2022, 15:59 PM -
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by CarlyMy landlord has instigated a claim against me including for possession. The possession part hasn't been heard yet as the judge wants to determine the nature of the tenure and a hearing is scheduled for this.
The landlord uses Licence instead of Tenancy agreements. My defence explains why...-
Channel: Residential Letting Questions
08-08-2022, 12:04 PM -
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by CarlyI get where you're coming from. I do feel quite strongly about his dodgy dealings (if he can do this any landlord can, so not great for renters). However, that's not really my motivation. I just feel that if I could establish it's really an AST, which it most probably is, the money claim has no merit...
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Channel: Residential Letting Questions
08-08-2022, 15:46 PM -
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by AndrewDodWhat I'm trying to understand is why your "landlord" (or employer) did this - because apart from being potentially self serving is also fairly dumb. He probably attended some sort of property course that told him to do it.
But taking a step back, and forgetting your perception...-
Channel: Residential Letting Questions
08-08-2022, 15:29 PM -
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by jpkeatesIf they're the entity your agreement is with, yes.
But as the whole arrangement looks like a sham, the right answer's probably academic....-
Channel: Residential Letting Questions
08-08-2022, 15:27 PM -
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by jpkeatesI don't want to mislead you, so this isn't based on any actual experience, but the possession claim should fail if the notice isn't valid.
The money claim should be part of that claim (it's separate but I think it's dependent), so if the possession claim fails, the money claim should fail as well....-
Channel: Residential Letting Questions
08-08-2022, 15:26 PM -
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by CarlyI pay rent to him, the owner, into his personal bank account. I have no dealings with the Ltd company whatsoever. It's just a name on the agreement. For repairs or anything else, I email him, the owner, also.
Can the Ltd Co even be the landlord if they don't do anything and don't get paid...-
Channel: Residential Letting Questions
08-08-2022, 15:21 PM -
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by jpkeatesHe's going to struggle (but this relates to the notice only).
An important element of the property guardian set up, is that the company performs a service to the landlord, by finding people who will agree to look after their office or factory (usually) and they're who the guardian's pay...-
Channel: Residential Letting Questions
08-08-2022, 15:17 PM -
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by CarlyThe financial claim is brought with a part 55 possession claim. The possession isn't dependent on the money claim however, so I presume could be separated.
There is a term allowing for any arbitrary rent increase. He tried to demand a 267% increase. He didn't charge anyone else in the property...-
Channel: Residential Letting Questions
08-08-2022, 15:14 PM -
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This may be helpful:
https://england.shelter.org.uk/profe...erty_guardians
Who or what were you paying rent to - him (personal account) or Ltd company (company business account in his name...) please??
Good luck, keep asking!-
Channel: Residential Letting Questions
08-08-2022, 15:10 PM -
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