I am about to inherit a property that my Aunt owned which she rented out. I acted as agent and oversaw the tenancy.
My Aunt died and just prior to this the tenant had accrued rent arrears. I am awaiting probate now but what is my position in the following circumstances:-
- Serving notice on the tenant due to rent arrears.
- Entering into a new tenancy agreement with an increase to the rent.
- Evicting the tenant.
Thank you
I’m not an expert in these matters, but my understanding is as follows. You should confirm this with a solicitor:
Once your aunt died, control of the property passed to the executers of her will. Once probate is achieved, the ownership of the property will pass to her heirs. If there is no will or no named executors, then its more complicated and you will need legal advice. In answer to your specific questions:
- Notice can be served whilst awaiting probate. However, this can only be served by either the executors of her will or her agent. If you serve the notice as her agent, it could be challenged in court and you would have to prove that you were her nominated agent. If you have no evidence of this or not part of an agents redress scheme, this could be tricky.
- The last thing you want to do is to grant a new tenancy to someone in rent arrears. Never do that. Its also unnecessary as provided the tenancy is now periodic, the rent can be increased with a s13 notice.
- If the tenant doesn’t leave after the notice then you would have to wait until probate is complete before you could seek a court order.