No agreement. What should I do?

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    No agreement. What should I do?

    Hi all,

    I have recently inherited a property from my late uncle. The property currently has 1 tenant living in it for the past 15 years. I have made contact with the tenant and informed him I am the new owner of the property.

    My late uncle did not leave a copy of any tenancy agreement (if one ever existed) so I do not know what the arrangements were, e.g. length of tenancy, type of tenancy, rent etc. The tenant is not co-operating and has not paid any rent for the past 12 months whilst the inheritance was being sorted out.

    I would like to know where I stand with this, can I evict the tenant? If so how? Can I get him to sign a new agreement?


    Simon

    #2
    Has Probate been granted? as Executor transferred title to you?
    You might have informed T that you are te new LL but did this include a UK address for service of notices and new bank details for receipt of rent?

    It was the Executor's duty to ensure rent continued to be paid into deceased's Estate. You have no right to rent payable before property titlle was transferred to your name/you provided T with requisite address for notices.
    !5 yrs puts T squarely in AST terr( c 2000). No written contract required for fixed term <3yr. Whilst there may be no AST in writing, perhaps your uncle's accounts may indiccate when rent was first paid, together with any deposit.

    You need a quiet conversation with T to point out back rent due to you as LL is now payable in full from date property title was transferred and s48 duly served.
    I think I would follown the chat with a written memo of undersatanding eg 'further to our chat of <date>, I understand youhave been the Tenant of <address> since about <date> and my late Uncle agreed an AST with fixed term of 3 yr or less.
    I provided due Notice that I became your LL on <date> and remind you that any outstanding rent due from that date is now payable in full to me.

    As de facto LL you can initiate due Court repo action from date of title transfer.

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