I inherited 6 properties from my Dad in January after he passed away very suddenly.
We have managed to find most of the copies of tenancy agreements in his files and some deposit certificates, but not all.
We’d like to set up new tenancy agreements that have mine and my sister’s names on. This also involves re-submitting the deposits under the tenancy deposit scheme.
Do you know how I can do this, without any prior information about the tenancy deposit scheme or specific information from my Dad?
Before you sort out the deposits you need to serve a section 3 and 48 notice to your tenants as the ownership of the property has changed.
I would advise you take legal advice. This is rather complicated and it will ensure everything is done correctly . The laws have changed a lot so it will ensure you have brought everything to date.
You shall need to start new contracts in your names ( with a new address for section 48), rather than a deceased landlord and reserve all documents ( Gas, How to Rent, EICR, EPC, Rent Book where applicable, data information notice).
You shall need to shut down the deposit and resubmit in a the current landlords names and reserve the certificate, prescribed information and terms and conditions.
This may mean you have to do an exit inventory and deduct costs and start again. Speak to the deposit service for their advice on how to proceed.
Look at the contract. Did he actually take a deposit. If so you may need to contact the bodies for duplicate paperwork. You will need a copy of the death certificate, probate and new land registration of the deeds as evidence. Did he refund deposits when the laws changed? I would take legal advice if it is a grey area . You don’t want to be caught out by asking tenants who may take advantage of the situation.
Make sure you (pleural if applicable) are registered with the ICO.
We did write to all the tenants notifying them of the change in landlord and providing evidence to them. We needed to do this because his bank accounts were frozen, so we also provided new bank details for the rent to be paid into.
We are looking to start again and set up new contracts via Openrent. I have written to the DPS which holds at least 2 out of the 6 deposits, they may be able to tell me which properties have deposits under his name.
GDPR. If you hold data on tenants then you are classed as a data controller. Thus , either you or your sister or both need to be registered with the ICO and you need to serve a data information notice to your tenants. Landlord Law has a great information piece and notice template. David Smith of JMW has given a great talk which will be on the LL website or youtube channel too.
Who is the data controller. If it is one of you then pay for one. If it is both of you pay for both.
I deal with info for all the family so I only paid for me as no one else has access to data
Unless you are experienced in landlord and tenant law, I would give the properties to a good agent on a fully managed arrangement. You could lose a lot of money with very simple admin errors otherwise.