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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:
Original poster
shas19 · 27/08/2020 22:55

Tenancy was signed when ll was alive and tenancy has begun though?

OP posts:
NailsNeedDoing · 27/08/2020 23:01

Even if the tenancy has started, they’d have fair reason to argue it if they haven’t received any money and you haven’t moved in.

Original poster
shas19 · 27/08/2020 23:05

They was fully aware it wouldnt be in in that date as the date was only for the housing so they could proceed with the application.

OP posts:
timesareachanging · 27/08/2020 23:06

I wouldn’t move in. They’re likely to want you out ASAP and it’s just more upheaval

NailsNeedDoing · 27/08/2020 23:31

Presumably they weren’t fully aware that the person who owned the property was about to die though. Do you really want to force these people into being landlords against their will when they’re grieving and would be able to make you move out in a year anyway?

honeylulu · 28/08/2020 11:07

Tenancy was signed when ll was alive and tenancy has begun though?

I don't think so. If you hadn't begun to occupy before L L died (this would include having keys and moving your stuff in even if you weren't actually living there but exercising your right to occupy under the lease) then the tenancy hadn't begun. All you have is a frustrated lease. If any funds have been paid they will need to be refunded. Unless the beneficiaries/executors of the estate are willing you cannot force the right to occupy unless you are already in situ.

Choppedupapple · 28/08/2020 11:43

Where are you living currently? Can you stay while you do the application for somewhere else?

Potterpotterpotter · 28/08/2020 15:56

This reply has been deleted

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shas19 · 28/08/2020 16:05

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HaudYerWheeshtYaWeeBellend · 28/08/2020 16:08

LPAs expire instantly on death, even if the contract was signed when LL was alive, it’s now invalid as landlord has passed away.

Depending on the will, it may have to go through probate.

However a family has just lost their father and your arguing over some property Hmm that they can kick you out of due to the LL death Confused ask the council to help with housing.

HaudYerWheeshtYaWeeBellend · 28/08/2020 16:10

shas19 - Only person being vile is yourself OP, behave yourself and act like an adult instead of a petulant child!

Eatyourbanana · 28/08/2020 16:30

hopefully quickly you cunt

😂😂🍿

Choppedupapple · 30/08/2020 14:35

Damn I miss everything on here!

steakhousesally · 30/08/2020 14:42

@2bazookas

LPAs expire instantly on death . So his son is no longer able to let the house on his behalf.
If he's the executor he might be able to ?
Imetagirlcrazyfortea · 30/08/2020 14:58

bit of karma for you then when the family have enough to deal with a member of the family dying.

This is an awful thing to say.
The landlord and family chose to rent the property out, presumably as they wished an income to be made from it. However with being a landlord you do get some responsibilities. It is disappointing when people wish to have the income from renting out a property but then think they can disregard the tenant as soon as it becomes inconvenient for them.
As the landord was elderly and in a nursing home, the family cannot have been completely surprised by his sad death, and could have anticipated this situation before signing the tenancy agreement. If they didn't want to have a tenant in the house so they could sell it immediately after he died, they shouldn't have rented it out.
The op merely wants to avoid the upheavel of suddenly not having a home to live in, through no fault of her own.

ChicCroissant · 30/08/2020 15:02

As PP have said I would get legal advice on this, Shelter would be a good call. Although the tenancy has commenced as no money has been paid yet that might be an issue. Hope you get it sorted out, OP.

IncandescentSilver · 30/08/2020 15:04

I don't see hiw the tenancy can be enforced, as one of the parties has died. How could you legally enforce it against his estate, as it would require a special remedy of specific performance to enforce?

It seems that the contract has been frustrated due to death of one of the parties and that jeans it has no legal force.

If the other party, the tenant had died, you wouldn't expect the landlord still to enforce the contract!

It's not a good idea for the estate to let you move in anyway, because that would potentially create an unsecured tenancy with no end

Whatisthisfuckery · 30/08/2020 15:05

I think you need to go on the advice of the council over this. If they have been helping you secure housing then you could find yourself in a bit of a pickle if you unilaterally unwind the tenancy.

SnackSizeRaisin · 30/08/2020 15:14

However a family has just lost their father and your arguing over some property

This is not the op's problem and it's nothing to do with her. There's always paperwork and delays around getting someone's affairs sorted after death - having a tenant in the property does not make any difference to their grief - it's not personal! They should be greatful they are lucky enough to inherit at all. As a pp said, they should have foreseen this and not let the flat, rather than trying to make someone homeless just because it's suddenly inconvenient to be a landlord.

greengreengrass14 · 30/08/2020 15:15

check with citizens advice bureau I would say

GU24Mum · 30/08/2020 15:18

Hi OP,

I'm not sure that some of the things you've been told are quite right......

When you say that the tenancy has "started", what do you mean? If you've signed the doc but either the LL hasn't signed it or you both have but it hasn't been dated then there is no tenancy. In this case, the attorney can't act as attorney any more as the LPA has ended. The executors (assuming there is a will) could grant a tenancy but you know they won't want to so that's unlikely to happen.

If. though, there is a dated document then the tenancy exists. If it exists, then the fact of the owner dying and the LPA coming to an end doesn't mean that the tenancy agreement falls apart. If the executors want to bring it to an end, they'll have to go through the normal process. I agree with some of the PPs though who have said that you may want to think whether it's going to be a pain knowing that the tenancy could well be as short-lived as it can be (according to the terms of it).

The Probate Office was working slowly a while ago and didn't really process anything during the main lockdown period. It's not that bad currently though - I'm an executor of a fiddly estate (and previously had the LPA and let out a flat on it) for someone who died in Feb. We sorted out the IHT and got all the paperwork together which takes a bit of time but the application took just under a month to come through.

rwalker · 30/08/2020 15:21

I get your disappointment but really wouldn't want to put a grieving family though anymore shit.
If there going to sell anyway it won't be long term .

Potterpotterpotter · 30/08/2020 16:05

Missed the OP reply before it got deleted 🤣

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