L has died; can Agent let-out the property yet?

[hollymakewell]

Hope you can help, have never come across this situation before.

One of our landlords passed away last year, and we have only been informed now the tenant has moved out.

The landlords next of Kins - Wife and Brother (who are abroad), have asked me to re rent the property for them straight away to avoid mortgage costs.

The wife and brother will be administrators and the deceased two daughters (under 18) will be beneficiaries. Solicitors have confirmed this information, however have not got a letter of administration yet, (could take another couple of months).

Can I rent the property and have the Brother and Wife as landlords on the tenancy agreement? Do the benenficiaries have to be on the agreement although under 18? Can I rent it at all until I receive the letter of administration?

I do have certified copies of - application of administration without a will, I have a certified declaration as to next of kin and a Justification of Sureties.

If you could advise on what you recommend that would be great!

Thanks

Holly

[jeffrey]

So who are you- the deceased L or the vacating T?

[hollymakewell]

Letting Agent, who has been instructed by the landlord to re rent the property. But not sure whether legally they can sign the agreements?

Thanks

[Sad S]

Letting Agent, who has been instructed by the landlord to re rent the property. But not sure whether legally they can sign the agreements?

Thanks

The landlord passed away months ago, and you have only just been informed of that fact.

So how can the landlord have instructed you to re-let the property?

The solicitor is NOT the landlord. Neither the deceased landlord's wife nor his brother is the landlord (yet).

[hollymakewell]

I meant the landlords next of kins have instructed me.

[hollymakewell]

The solicitor is NOT the landlord. Neither the deceased landlord's wife nor his brother is the landlord (yet).

When do they become the landlord? and can it not be rented until they do? That is what I am unsure of.

[jeffrey]

When do they become the landlord? and can it not be rented until they do? That is what I am unsure of.
Once the Deceased's personal representatives have a Grant of Probate (or Letters of Administration), then -and only then- is there anyone empowered to do anything at all with the property. The Deceased's family as family have no powers at all.

[hollymakewell]

Many Thanks Jeffrey, very helpful.

[jeffrey]

One other point.
If the Deceased left a Will in which executors were nominated, and those people will take-out a Grant of Probate, they may be entitled (but not obliged) to start management before the Grant ['intermeddling']. If they do, they become personally liable in the event that they then fail to obtain the Grant.

[P.Pilcher]

Although I would not wish to contradict people who know much more about this than me, I would think that you could rent the property out in the name of the next of kin as it is their intention to obtain letters of administration. The landlord's bank account will by now be frozen until letters of administration are granted, but the bank will probably have opened an administration account so that the next of kin can deal with the decesaed landlord's immediate affairs. The rent should then be credited to this account so that mortgage payments and other landlord's responsibilities can be met.
How they deal with the indended beneficiaries is another matter which is dealt with in accordance with the intestacy rules.

P.P.

[jeffrey]

I would think that you could rent the property out in the name of the next of kin as it is their intention to obtain letters of administration. The landlord's bank account will by now be frozen until letters of administration are granted, but the bank will probably have opened an administration account so that the next of kin can deal with the decesaed landlord's immediate affairs. The rent should then be credited to this account so that mortgage payments and other landlord's responsibilities can be met.
How they deal with the indended beneficiaries is another matter which is dealt with in accordance with the intestacy rules.
Definitely NO. Any Letting Agent so proceeding has no authority, is at risk of being sued (by true PRs or the beneficiaries), and- even worse- becomes (by intermeddling) a kind of informal personal representative with Probate law duties to everyone plus the High Court (Family Division).

So DON'T DO IT, unless you first obtain your own legal advice from a solicitor specialising in Probate law (which I'm not).

[Springfields]

Estate agents will market a property pending probate but if achieving a sale prior to consent it could hold things up considerably.

Whilst its not quite the same kettle of fish with lettings, as of course we have a much quicker turn around, you don't know who (or what) will come out of the woodwork. Especially if there is no will, it can bring out the very worst in people.

You don't want to be stuck in the middle of some kind of dispute, I'd wait until you have definative instructions.

[Always Problems]

So DON'T DO IT, unless you first obtain your own legal advice from a solicitor specialising in Probate law (which I'm not).[/QUOTE]
If i was you I wouldent touch it with a bargepole. Whatever you do someone will be upset. You have lost your Landlord. When he passed away you also lost your contract as Letting Agent. (ESPECIALLY AS IT WAS UNLET) If it was still tenanted would you not now be sending the rent to the Solicitors who are administring the estate.And it is to them who you should go to for guidance.