Issue with letting agent on landlord's death

Landlord Discussion Legal
22

@ourfamily

yes that is confusing and seems contradictory.

Ask your friendly former solicitor if it is different because it was a personal contract (see link/text below)

I think the point is that even if a contract ends the agents may have a claim on the estate (just like anyone else whom your mother had a contract with).

Maybe try the online cpd - the people providing it should be able to give sources behind the view that the contract ends. And ask a lawyer who has experience in this. The point seems to be that it’s a personal contract with agent acting on behalf of the LL. Ask your friend if that makes a difference

Best

Key points regarding the legal status and contracts include:

  • Termination of Agency: The agency agreement ends because it is a personal contract. The agent loses the legal authority to act on behalf of the landlord. [1, 2, 3]
  • The Tenancy Continues: While the estate agent’s contract with the deceased landlord ends, any residential tenancy agreement (like an AST) remains fully active. Your rights and obligations as a tenant continue. [1, 2, 3, 4]
  • The Role of Executors: Until a Grant of Probate or Letters of Administration is issued, the estate’s personal representatives represent the “new landlord”. They can either ratify the estate agent’s actions, terminate them, or establish a new agreement. [1, 2, 3, 4]
  • “Agency of Necessity”: An agent may temporarily continue basic management (like collecting rent) under an “agency of necessity” to protect the property, but they must transfer authority to the executors once they are identified
23

Thank you for this. Sorry if I’m repeating anything as my husband is also trying to help me with posts. It’s the 6 month notice period the agent is disputing. The agent is saying that, not withstanding the grant of probate and subsequent transfer of the property in June 2026, the agreement which started in June 2024 remains binding until the 6-month termination notice period is completed. The agent has also said, that to complete the change of ownership process, they would require a new Terms of Business to be signed. As we’ve said we don’t want to have a contract with them they suggested we carry on with the existing agreement until the notice period has expired.

24

Thank you. We are in the process of trying to get some specialist legal landlord advice.

25

@ourfamily if it helps..

At the bottom of the landlord law blog on this subject

They recommend “If you are not sure about anything – seek legal advice from someone experienced in this area of law. For example, JMW Solicitors who you can speak to via our telephone advice service”

I can’t see how requiring you to sign a new contract for them to do the admin for a change of ownership can possibly be seen as a fair terms and conditions. They would simply need a deed of variation in their current contract with you to change the name from your mother to your name and her contact details to yours then get it signed by all parties.

But then OR is doing the same when landlords sell property and there is an issue of moving the deposit into the new LL name. They are refusing to co operate Change of Landlord when tenants are stil in property - #58 by Jitin

26

Thank you for this. It’s very good of yourself and everyone who’s replying to keep taking the time to to try to help us.

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27

Yes I assumed it would die upon death. Good one - hope they get shot of this unscrupulous agent

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28

At the moment we have all the information we need to move agencies and this is under way. When that goes through, we will probably send the warning email to the old agency explaining we would be recovering costs from them. Hopefully, they will back down at that point. If not, we’ll have to start spending money.

We found one solicitor who charges £250+VAT and she says she can help us but won’t say if we are right unless we agree to a 2h minimum fee. If anyone has a good legal contact, please PM me or @ourfamily with details.

29

Hi again,

We challenged the agent with all the suggestions given and they’re reply was that, because the agreement was signed by both myself and my brother as our mother’s LPA’s, the contract did not come to an end upon our mother’s passing. They continued that we are, therefore, personably liable for the notice period as the agreement remains valid and binding on the signatories, so the obligations under the contract, including the notice period continue to apply.

We have managed to change letting agents which is good news although the old agent is still refusing to do the Deposit transfer to the new agent despite us saying we’ll pay for it. The old agent has said they’ll be pursuing us for fees up to the end of the 6 months’ notice period so we presume they’ll be taking it further.

We are now getting legal advice from a Civil Litigator and hope this will clarify our legal position.

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