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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Landlord passed away, tenancy

48 replies

shas19 · 27/08/2020 17:28

Basically I went through the council to secure funds for first months rent and deposit for this flat. Landlord was in a care home and had a home which was mortgage free, his son agreed to let it out to us and signed my tenancy on landlords behalf as he is LPA over finance and property. Council have taken so long with process and the landlord has sadly died. I'm not yet in the property but the payment for first months rent and deposit has been sent over, awaiting it to clear. Landlords other son wants to sell the property and I've been told my tenancy doesnt matter anymore and we cant move in. Now, aibu to think my tenancy is a legally binding contract for the term that it says? My housing advisor has said they have to let me move in for the time stated once the payment has cleared.

OP posts:
SleepingStandingUp · 27/08/2020 17:29

I'd think they have to abide by the contact but could then go to court to try to end the tenancy. Esp if he accepts the money

Original poster
shas19 · 27/08/2020 17:30

Thats what I thought also. I dont know what to do as the money should be clearing in the next few days, also I havent yet moved in but reenact started last week as housing needed a date for their purposes of paying

OP posts:
Original poster
shas19 · 27/08/2020 17:31

Tenancy started last week*

OP posts:
Spodge · 27/08/2020 17:32

If the tenancy started last week and the contract is dated then I think you have every right to expect the tenancy to stand.

tinlovescan · 27/08/2020 17:38

I'd ask for the money back and find somewhere else as they'll want you out as soon as they legally can anyway which means another move etc.

namechanger0989 · 27/08/2020 17:38

I would think the tenancy should stand but I wouldn't want to live there now. They are likely to kick you out once your 6 month contract is up or spend the next how ever many months looking for excuses to kick you out.
Unless you are desperate or only looking for short term anyway I wouldn't bother as you will have no security.

Lifeisabeach09 · 27/08/2020 17:58

I, also, think you should ask for the deposit and first months rent back (they should return this anyway) and just find somewhere else.
What's the point in moving in when you'll just have to move out again in the next six months or just after?

Osirus · 27/08/2020 18:10

Obtaining probate at the moment takes forever. I work in this area and it can be at six months in the majority of cases. They could let you in for the time being, at least for 6 months.

jessycake · 27/08/2020 18:17

I think you will have to go back to the council and see where you stand if you don't take the tenancy . Would the deposit and rent go back to the council what a shit position to be in x

Flynn999 · 27/08/2020 18:20

No idea on the legal side, but if the landlord died and the son has already made waves about selling does it not make more sense to look for another property and get the tenancy cancelled? They will either end the contract on the 6 month mark leaving you to pay for another move plus scraping a deposit together or they serve a section 21 and force you out before that. You can also run the risk of repairs not being doing either due to them not having access to funds or simply wanting you out. Especially if 1 wants to sell and they need to make financial decisions jointly.

2bazookas · 27/08/2020 18:30

LPAs expire instantly on death .
So his son is no longer able to let the house on his behalf.

Mummyoflittledragon · 27/08/2020 18:30

I’m a ll. I’ve never come across this scenario. But if the tenancy start date has passed, I do think the housing officer is correct and that you are now the legal occupier. In this case they would be acting unlawfully by refusing you to take up occupancy. I’m not sure though.

Lockheart · 27/08/2020 18:35

This is a tricky situation - I think you need to take professional real life advice. What you'll get on MN is lots of contradictions and no way of telling what is actually applicable to your situation.

Whatsissname · 27/08/2020 18:40

If the tenancy has started then it should still stand. I would think the executor would in effect be your Landlord during probate, then whoever inherited the house. If they wanted to sell before the end of the tenancy they would presumably have to sell as a buy to let with you as a sitting tenant. However you may decide it best to mutually agreed to end the tenancy early. I would contact Shelter the housing charity, as they should be able to give you free expert advise.

scoobydoo1971 · 27/08/2020 19:06

This is a stressful situation for all concerned. Personally I would not occupy the property, even with the tenancy in place. If the executor decided to sell it, that means estate agents stomping around your home. If you refuse them entry, then the new landlord will serve an eviction notice on you at the earliest opportunity to get the property to market. Selling the property may be required to settle the deceased debts, or pay out to the relatives who want the cash rather than a share of a rental. You should approach the executors and state that you are willing to bail out of the tenancy, if they financially compensate you for your losses. I think this might give you some extra rent money to negotiate your next flat. If they do not agree to your proposal, seek legal help from citizens advice bureau and your housing officer. If the new landlord says you cannot move in, the local authority cannot then say you have made yourself homeless through your own actions.

EpidermolysisBullosa · 27/08/2020 19:31

You need proper advice here - I would recommend contacting Shelter, they should be able to help.

Original poster
shas19 · 27/08/2020 19:47

Tenancy is for a year with a two month mutual bond after the first year. Going to call shelter tomorrow thank you

OP posts:
TableFlowerss · 27/08/2020 19:48

I wouldn’t waste your time on this property if I was you. Can you stay where you are and get the funds returned to you and use them to fund another property?

You could find your perfect home next week....

It’s a crap situation but it was only ever going to be short term under the circumstances. If personally want more security

Mustbethewine · 27/08/2020 19:55

I agree with everyone else about asking for money back. You know they want to sell so you can guarantee you won't be there long before having to move again

Original poster
shas19 · 27/08/2020 20:01

Deposit goes back to housing and have to do the whole process again

OP posts:
Potterpotterpotter · 27/08/2020 20:05

Just find somewhere else. I don’t think they need to grief from you right now.

Potterpotterpotter · 27/08/2020 20:06

They will only kick you out ASAP anywhere and your have to move within a couple months anyway

Original poster
shas19 · 27/08/2020 20:13

@potterpotterpotter like that kind of comment was needed from you. I have 2 young children and tenancy was made before his ill health. Unfortunate but stuff happens

OP posts:
Camphillgirl · 27/08/2020 20:32

You need proper legal advice but some contracts refer to landlord or his heirs etc so you may be entitled to continue the tenancy if you wish but it needs looking at by somebody who knows what they are talking about. The Deposit Protection scheme can answer difficult questions sometimes, especially if the deposit has been lodged with them.

honeylulu · 27/08/2020 20:43

Solicitor here. Death of one contracting party "frustrates" a contract meaning it can no longer be performed. The son signed but as the agent/power of attorney for the LL so that doesn't help you as LL is no more.

It might be different if the contract had been signed AND you had actually moved in as the tenancy itself would have begun but this situation doesn't look promising I'm afraid. Sorry OP.

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