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Ending letting agency agreement


Iandwhite

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Hello

I have inherited my mothers house following her passing away earlier this year.

She had been in a care home for 3 years and we were using the income to help pay costs.

Now I have the house I would like to take over the letting from the agents. I know we have an agreement with the letting agent but it was for my mum, with me acting as her agent.

So, when the years contract ends in a couple of months time, I suspect that as my mum is no longer around the contract falls, and I should be able to take over the letting with the current tenant.

But is it that easy, I know you can't get rid of letting agents so so quickly, but my situation is different as you can see.R

Can anyone advise me please of best actions to take going forward?

Thanks

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If you had Power of Attorney to sign on your Mother's behalf then your contract can be terminated due to your Mother's demise.....BUT if your tenant remains in occupation then your LA will quite rightly argue their case for continuation of payment.

The key to this question who signed the initial tenancy agreement ....you or your late Mother?

Mel.

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Now your mother is gone you will have to get probate on her estate -( quickest is about 3 months)- including the rented house and I expect you will be using a solicitor for all or part of this process. Your Power of Attorney has ended with her death and her bank account is closed to any of your actions.

If you know you are the inheritor of the house, when the time comes you could approach the agent and ask to do a deal in releasing you from the contract for payment of a 'one off' sum if you wish to hold the tenant. You don't say if you are 'tenant find only' or 'full management'. Either way expect to pay something and don't accept the first price they give.

Mortitia

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Hello

Thanks for advice, to answer questions

I did complete a power of attorney form but never got it actioned as my mum was quite able to make her own decisions on the house right up until the last weeks of her life.

I did all the setting up of the contract with the letting agent, including signing of the contract. This happened at the end of 2006 when we moved her into the care home and it was her priority to get adjusted to a new way of life, following a spell in hospital.

Probate has already been obtained and ownership transferred over at the end of august.

It is a fully managed contract dome as we had no time or experienced of letting and our priority was to get income to pay for care home and to look after mum.

With this extra information, is it still best to try for a end of contract fee or are there any other options?

Thanks

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