A tenancy does not end if the landlord dies. It carries on with the same terms and conditions as before. For example, if the tenant has a fixed term tenancy the fixed term continues.
Who takes responsibility for the tenancy depends whether the deceased landlord was a joint or sole landlord.
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Joint landlord dies
Where two or more people jointly own the freehold or leasehold, the rule of survivorship applies when one landlord dies.
The surviving landlord takes responsibility for the tenancy immediately. The tenancy does not form part of the deceased landlord’s estate.
Sole landlord dies
When a landlord dies any property they own, including a tenancy, forms part of their estate.
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A landlord who dies leaving a will usually names one or more executors. If there is no will, the next of kin can apply for letters of administration, which allow them to deal with the estate in the same way as an executor. Dying without a will is also known as dying intestate. Letters of administration are normally granted to someone who is entitled to inherit under intestacy.
Executors and administrators are known as personal representatives.[1] They can receive rent, collect arrears, terminate existing tenancies, and grant new tenancies.[2] The tenant can sue personal representatives if there is a breach of the tenancy. For example, for disrepair in the property.
When the landlord dies without a will or no one is available to represent the estate, their estate vests in the Public Trustee until the grant of letters of administration. The Public Trustee does not take responsibility for the property or take on landlord duties.[3]
Find out who is administering the landlord’s estate
The tenant might not know who is administering the estate. The Probate Helpline can answer enquiries about personal representatives.
Find the Probate Helpline contact details on Gov.uk.
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A tenant can check the property ownership at the Land Registry.
They could also search probate records for documents and wills on Gov.uk. The probate process can take a long time so these might not be updated right away.
When the landlord’s beneficiary inherits the tenancy
After the estate is administered the tenancy passes to the beneficiary either through the deceased landlord’s will or the intestacy rules. They become the landlord and the tenancy continues in the usual way.
A tenant has the right to know the name and address of their landlord. The new landlord has two months to provide this to the tenant.[4]
Find out more about a tenant’s right to information about a landlord’s identity.
Source: https://t-tees.com
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