Notice to tenants when LL has died

Spanish Eyes · 18-01-2019 4:17pm #1

I have searched but I see no reference to the procedure when a LL dies and the executors have been instructed in the will to sell the house and distribute the proceeds.

The tenant will obviously have to be given the relevant notice and a Statutory declaration that the house will be sold.

I am one of two executors. So am I correct in thinking that all the necessary notices to quit and the Statutory declaration can be signed by us as executors of the estate of the late X?

We will be engaging a solicitor to act for probate, but just looking for a steer before we have the initial meeting with the solicitor.

Thanks if you can help.

Mr. Incognito · 18-01-2019 6:21pm

The solicitor will be able to advise you

garhjw · 18-01-2019 9:47pm

OP I just had to do this for my fathers estate. Along with the eviction notices our solicitor included a letter stating that I was executor etc etc etc.

GGTrek · 19-01-2019 12:28am

I wish the OP the best of luck with the tenancy termination. With today's housing crisis the risk of overholding is very high.
The executor can serve notices of termination, my suggestion is to talk to the tenants first and see if you can agree on a date. Deal with the situation informally before serving the notices or taking any legal action.
PM the posters in this thread and you could get some advice on real cases.

Spanish Eyes · 21-01-2019 7:14pm

Thank you all for your advice. Yes we are a bit nervous about notices to quit being observed.

And I suspect that if we serve notice (to sell house as directed in the will), the rent will stop fortwith.

Awful situation. But it hasn't happened yet so staying positive for now. Scary stories out there just the same!

4ensic15 · 21-01-2019 8:26pm

I know of a case where the RTB wouldn't process the overholding case until probate was granted to an executor. Needless to say, no rent was paid for a year.
One possible way around it is to re-register the tenancy with the executor as the new landlord before serving the Termination Notice.

Spanish Eyes · 21-01-2019 8:32pm

4ensic15 wrote: »

I know of a case where the RTB wouldn't process the overholding case until probate was granted to an executor. Needless to say, no rent was paid for a year.
One possible way around it is to re-register the tenancy with the executor as the new landlord before serving the Termination Notice.

Interesting. But I am not sure if the tenants would sign it! I don't know really, but am very wary now.

Trying to stay positive, but there are so many awful stories out there.

The lady who died really wanted the proceeds to go to her nieces/nephews to help them buy a house of their own.

The irony.

4ensic15 · 21-01-2019 8:49pm

Spanish Eyes wrote: »

Interesting. But I am not sure if the tenants would sign it! I don't know really, but am very wary now.

Trying to stay positive, but there are so many awful stories out there.

The lady who died really wanted the proceeds to go to her nieces/nephews to help them buy a house of their own.

The irony.

Tenants don't sign a re-registration.

4ensic15 · 21-01-2019 8:52pm

GGTrek wrote: »

I wish the OP the best of luck with the tenancy termination. With today's housing crisis the risk of overholding is very high.
The executor can serve notices of termination, my suggestion is to talk to the tenants first and see if you can agree on a date. Deal with the situation informally before serving the notices or taking any legal action.
PM the posters in this thread and you could get some advice on real cases.

I wouldn't talk to the tenants. It is only going to prolong the situation.

Spanish Eyes · 21-01-2019 9:04pm

4ensic15 wrote: »

Tenants don't sign a re-registration.

OK, not looking for any legalities, our solicitor acting for us, the executors, will help I am sure, but she is focused on Probate for now. Which will take four to six months apparently :eek:

The timing of the notice period seems to be important now. If by any miracle the tenant leaves on time or near enough, the property will be unoccupied and insurance on it is difficult to obtain.

I think tenants will overhold. As a joint executor we may have to take legal proceedings and that will obviously reduce the benefit to the nieces and nephews.

OMG. I hope it works out without too many problems.

Trying to stay positive!

4ensic15 · 21-01-2019 9:19pm

Spanish Eyes wrote: »

OK, not looking for any legalities, our solicitor acting for us, the executors, will help I am sure, but she is focused on Probate for now. Which will take four to six months apparently :eek:

The timing of the notice period seems to be important now. If by any miracle the tenant leaves on time or near enough, the property will be unoccupied and insurance on it is difficult to obtain.

I think tenants will overhold. As a joint executor we may have to take legal proceedings and that will obviously reduce the benefit to the nieces and nephews.

OMG. I hope it works out without too many problems.

Trying to stay positive!

If you are going to sell it, you need the tenant out. You can arrange someone to live in it as a caretaker if necessary for insurance. many solicitors know little or nothing about residential tenancy law. Leaving tenants in situ is going to mean they might qualify for longer notice and lengthens the time to get them out. There is also the possibility that they may be coming to the end of a part 4 cycle and they can be got out more easily. The solicitor should be pro-active on that.

Spanish Eyes · 21-01-2019 9:48pm

4ensic15 wrote: »

If you are going to sell it, you need the tenant out. You can arrange someone to live in it as a caretaker if necessary for insurance. many solicitors know little or nothing about residential tenancy law. Leaving tenants in situ is going to mean they might qualify for longer notice and lengthens the time to get them out. There is also the possibility that they may be coming to the end of a part 4 cycle and they can be got out more easily. The solicitor should be pro-active on that.

Thank you.

The tenancy commenced in April 2016. All good, never a default or anything and inspections no problem either.

Wondered about the "Caretaker" occupant. There is someone who we would be happy to take that on, but not sure of the legalities if they decided to stay either. Anything can happen, I have realised this over the years.

Thanks for help much appreciated.

We will discuss with our solicitor acting for Probate, but it is great to have other views.

garhjw · 21-01-2019 10:35pm

4ensic15 wrote: »

I know of a case where the RTB wouldn't process the overholding case until probate was granted to an executor. Needless to say, no rent was paid for a year.
One possible way around it is to re-register the tenancy with the executor as the new landlord before serving the Termination Notice.

RTB had no issue recognising me as landlord because i was executor of. Y fathers estate. Tenants tried to argue this but it wasn’t entertained.

3DataModem · 22-01-2019 10:40am

GGTrek wrote: »

Deal with the situation informally before serving the notices or taking any legal action.

Good advice. But if you informally agree something, follow up in writing both ways, just in case.

4ensic15 · 22-01-2019 10:44am

garhjw wrote: »

RTB had no issue recognising me as landlord because i was executor of. Y fathers estate. Tenants tried to argue this but it wasn’t entertained.

HAd the grant of probate issued by the time you went to the RTB?

garhjw · 22-01-2019 3:20pm

4ensic15 wrote: »

HAd the grant of probate issued by the time you went to the RTB?

No we haven't applied for probate yet. Require vacant possession to sell property first.

Legal advice from my counsel was that as executor I am able to exercise same rights as landlord / owner of the properties.

Notice to tenants when LL has died

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