I'm hoping someone can help me regarding a tenancy issue relating to my late father's estate. Apologies - this is a bit involved.
My brother and I are executors for my father's will. He died at Xmas. His house was left to us 4 children (DB, me and 2 sisters.) We wish to sell the property and it is currently let to a family. In Feb14 we visited the property to inspect it and requested copy tenancy and management agreements from the letting agents. They provided a copy tenancy agreement but the woman said they didn't have a copy of the management agreement as it was a rolling year-on-year arrangement with my DF.
Probate has now been received and I rang the managing agents on Friday, who first said they needed 3 months' notice on their agreement and on the tenancy agreement. They said they would send me a copy of the management agreement showing the terms (
). They then rang back and said they would cancel the agreement forthwith and send us the deposit. No explanation.
Today they have emailed to say they have 'managed to find' a copy of the management agreement and that the terms still apply, ie they will manage until the property is sold.
Between Friday's conversation and today's email I have spoken to the tenants and emailed and given them two months' notice. I will also be putting this in writing. I have also asked them to pay into the executor's bank account future rent payments.
Can the agents just suddenly find the management agreement and insist we are bound by it when they've already confirmed otherwise? And must we continue with a management agreement we don't want - I live nearby and can manage it myself until it is sold. The agent is adamant that although as executors we can sell it, we can't cancel their management agreement as we are not the owners.