Landlord and tenant solicitor, Emma Slade, answers the question, ‘What can I do if my landlord dies?’
If your landlord has died, then the first piece of advice is, ‘Don’t panic’. If you are a legal tenant – or even a lodger – of a property, you do have rights and can remain at the property for as long as you comply with the terms of the agreement and until such times as the agreement is terminated.
What is meant by a lodger or tenant?Â
A lodger is someone who shares the house with the landlord. Usually it is occupation of a room and sharing the bathroom and kitchen facilities with the landlord. A tenant, on the other hand, is one who has exclusive occupation of a property and the landlord can only come into the premises in accordance with the terms of the tenancy agreement; usually an Assured Shorthold Tenancy agreement.
The terms of the occupation – be it as a lodger or tenant – is normally set out in a written agreement. But even without a written agreement, you could still be a lodger or a tenant in which case you will have rights to occupy the premises whilst the affairs of the landlord are sorted out.
What happens when a landlord dies?
When a person dies, they will die either with or without having prepared a Will. If they have prepared a Will, they will have appointed people to deal with their estate. These individuals – or Executors – will step into the shoes of the deceased and for all intents and purposes, will be your new landlord.
If a person dies without making a Will, they will be considered intestate. There are rules about who can apply to look after the deceased’s affairs and if nobody comes forward, then the State can step in to deal with it.
An application will need to be made to the Probate Registry for what is known as a Grant of Probate. It is only once the Grant of Probate has been issued that the individuals – or Administrators – be legally responsible for the Estate.
What does this mean for you as the tenant?
It is important that you keep paying your rent. The Executors or Administrators should contact you in due course, firstly to let you know that they are your new landlord and secondly, if they want an alternative method of payment. And if you were paying in cash and do not know where to pay it, put the money aside so when you get a demand from the Executors or Administrators for rent arrears, you can pay it immediately.
The Executors and Administrators will essentially step into the shoes of your Landlord, so they will be responsible for any repairs that need carrying out, for example. If an intestate estate is still waiting for Grant and there are urgent repairs to be undertaken, you can contact your local council to see if they will undertake the repairs. In some circumstances, you can carry out the repairs yourself and withhold your rent in lieu of the costs, but this can be a risky course of action as any rent arrears can mean you could be evicted. It is therefore important to get some legal advice before you choose that option.
Can I be evicted?
Your landlord’s death will not change anything in this regard. It may be that the executor will need to sell the property which means that they may need to evict you – but any eviction must be done properly and with due process. They cannot just change the locks to get you out.
Can I get some legal help?
For further guidance on, ‘What happens if my landlord dies?’ please do not hesitate to contact our free legal helpline on 0333 888 0404. Alternatively email brief details of your case to us at [email protected].
