My wife and co-landlord sadly died in March. I now wish to offer a new AST to my tenants, but plainly my wife will not be able to appear on the new agreement as one of the landlords. I told OpenRent about this and they said that from June 30, I would be able to amend the agreement, but I found I could not, and nothing they suggested worked. Then they actually started emailing my dead wife! Now they have come up an extraordinarily complicated list of instructions for how I can make the change, but they say it’s so difficult, it might be better if I actually left OpenRent! Surely OpenRent must have experienced a joint landlord dying before !? Has anyone else come up with this problem, and did they find a way to overcome it?
Really sorry to hear about your wife. I’m sure this is the last thing you need at this difficult time. I must say, I’m shocked if this is such an administratively difficult procedure for Openrent that they would prefer you left. I hope you can get a better answer from them. I can’t see why you can’t register for a new account and use that for the next tenancy.
Just on a point of law, there is no legal requirement to “renew” an AST for a tenant and it is usually better for a landlord to allow it to go periodic as it gives you more flexibility. There should also be no problem with you being the sole signatory for all documents for a tenancy with joint landlords unless you operate through a company.
My condolences for your loss.
If a landlord change occurs during an AST it is dealt with a section 3 and 48 notice or start a new AST.
There shall be a delay because of probate.
When my father passed we continued existing tenancies and at the end of the AST we renewed with a new AST in my mother’s name.
Below was a reply I received from my solicitor regarding change of ownership ( not from death ). Just speak to the NRLA or your solicitor to ensure this applies.
The transfer of ownership is usually covered with a Section 3 and Section 48 Notice.
No new contract is needed but often it is taken as an opportunity to provide a new contract and to reserve all the required documentation so that you know all is in order.
The deposit is generally repaid to the tenant and they are asked to then pay it back to the new landlord to protect.
The guarantee is more difficult – it depends on the terms of the guarantee as to whether the benefit of it can pass to a new owner.
It is probably easier to get the guarantor to sign up again.