Tenant breaking lease on the death of the landlord.

Joe1919

My uncle died very recently and has left me a small commercial property (yard and shed) which is leased to a builder for €80/week. I have found the copy of the 3 year lease and it ends in March 2015.
I was talking to the tenant yesterday and he tells me that he no longer needs the yard and sheds, and he would like to tidy and finish up in the next month or two. (I have looked at the lease and see nothing about what happens on the death of the landlord. The lease does mention something about "the Landlord" which expression where the context so admits shall include the immediate reversioner or reversioners for the time being expectant on the term hereby created...)
1 Can he break his lease in this case?
2 What are my options if the property does become vacant before the grant of probate? (We are not expecting the grant of probate until next Christmas at the earliest.)

Bear in mind that the sums of money involved are relatively small.

PS I am also the executor.

lifeandtimes

im not 100 percent sure but id be of the mind that yes he can,probably up to him how he would like it to play out seeing as he made the agreement with your uncle who has now passed away....look at it this way if the roles were reversed and say the tenant had died would it be expected that family member pick up the rent? or in the case of a widow have to stay their even if they couldn't afford it.

Just my thoughts

Pat Mustard

Joe1919 wrote: »

The lease does mention something about "the Landlord" which expression where the context so admits shall include the immediate reversioner or reversioners for the time being expectant on the term hereby created...)

It would be important to know the full details of what is written here.

And you need a solicitor.

Joe1919

The Mustard wrote: »

It would be important to know the full details of what is written here.

Memorandum of Agreement
Dated the 31 day of March, of the year 2012
Between UNCLE TOM of xxxxx, Co. xxxx (Hereinafter called "The Landlord" which expression where the context so admits shall include the immediate reversioner or reversioners for the time being expectant on the term hereby created) of the One Part AND PAT BUILDER of xxxxxxx, County xxxx (Hereinafter called "The Tenant which expression where the context so admits shall include his successors in title) of the other part.
Whereby it is agreed as follows
1 The Landlord agrees to rent and the Tenant agrees to take ALL THAT AND THOSE the premises described.............

Pat Mustard

So, the description of the tenant includes his successors in title, but the description of the landlord does not?

All I can say is that the whole lease should be checked.

Do you know if your uncle held the property with a leasehold or freehold title? I am wondering about what sense it makes to include reversioners in the description of the landlord.

Joe1919

The Mustard wrote: »

.

Do you know if your uncle held the property with a leasehold or freehold title? I am wondering about what sense it makes to include reversioners in the description of the landlord.

Sorry but I don't know the answer. There is a solicitor dealing with the probate and I will get his opinion the next time I see him.

Thanks

Marcusm

lifeandtimes wrote: »

im not 100 percent sure but id be of the mind that yes he can,probably up to him how he would like it to play out seeing as he made the agreement with your uncle who has now passed away....look at it this way if the roles were reversed and say the tenant had died would it be expected that family member pick up the rent? or in the case of a widow have to stay their even if they couldn't afford it.

Just my thoughts

Seriously?

If what you suggested had any validity (contracts automatically cease on death) then there would be no need for mortgage protection insurance as the bank debt would be written off on death. Perhaps property would revert to the State and bank deposits just become free money to the bank.

Contracts, entitlements and obligations, generally survive death and are the assets and liabilities of the deceased's estate to be dealt with by the administrator or executor.

hullaballoo

If the lease was professionally executed, this sort of issue ought to be covered.

However, we cannot advise you one way or the other so you will need to have a solicitor look at it.