new tenancy agreement after death

[sunlounger]

Hi,

After losing are parent we have become the new landlords to a property that they where renting out.

Do we need and can we get the current tenancy changed ?

Is it possible to increase the rental amount ?

It is a short hold tenancy that runs for another year ending April 2012.

Thanks for any advice

[Melboy]

Hi,

After losing are parent we have become the new landlords to a property that they where renting out.

Do we need and can we get the current tenancy changed ?

Is it possible to increase the rental amount ?

It is a short hold tenancy that runs for another year ending April 2012.

Thanks for any advice

The tenancy can be cancelled after the death of the legal and titled property owner if it is required for that property to be handed back for instance in the shared proceeds of a will etc. or for paying death duties inheritence tax.

You can only put the rent up as per the original AST contract which should state the % maximum annual rise the tenant could expect to pay.

Upon the death of the original Landlord then a new AST is required by the legal owner of that property (for the existing tenant) who has now become the new Landlord.

Mel.

[sunlounger]

The tenancy can be cancelled after the death of the legal and titled property owner if it is required for that property to be handed back for instance in the shared proceeds of a will etc. or for paying death duties inheritence tax.

You can only put the rent up as per the original AST contract which should state the % maximum annual rise the tenant could expect to pay.

Upon the death of the original Landlord then a new AST is required by the legal owner of that property (for the existing tenant) who has now become the new Landlord.

Mel.

thank for the reply

it quite a complicted situation were in.

we cant cancel the tenacy because the current tenant has been given the right to live there in the will.

and they are living there at a very low rent.

looking through the 2008 edition AST there is no mention of a max % of rental increase we can charge.

can we change new AST details. apart from the changs to landlords names ?

we are hoping when there current AST runs out next year. we can increase the rent fully and they will move out.

[Grampa]

I dont know about death of a landlord but if a property changed hands say through a sale it is not necessary to draw up a new contract. You just need to comply with section 48 Landlord and Tenant Act 1987which means supplying the tenant with an address in England or wales where notices can be served on the landlord by the tenant. The original contract can then be used.

If you are now the legal owner i cant see why you cant do that.

[sunlounger]

I dont know about death of a landlord but if a property changed hands say through a sale it is not necessary to draw up a new contract. You just need to comply with section 48 Landlord and Tenant Act 1987which means supplying the tenant with an address in England or wales where notices can be served on the landlord by the tenant. The original contract can then be used.

If you are now the legal owner i cant see why you cant do that.

thanks

the tenant has are address but do we need to put something in writing to them ?

so will we have to wait till the tenacy ends next year before we can put name and rental amount changes onto it ?

[Richlist]

Potentially this could be very complicated.

How long has the current tenant been living at the property ?

[Grampa]

If you are the legal owner now you need to comply with section 48 NOW. It is also best to do it by letter and get proof of postage. A tenant has the legal right to withold rent if section 48 isnt complied with.

[Carryon Regardless]

Grampa just for clarification,

I assume where a T withholds rent for non S48 compliance that when it is complied with, that is correct address supplied, then all withheld rents would be payable by the T.

Is this assumption correct ?

[Grampa]

Yes all back rent not paid then becomes legally due.

[sunlounger]

Potentially this could be very complicated.

How long has the current tenant been living at the property ?

the AST started April 09 and it's for a fixed term of 3 year.

the tenant has been given the rights to residence in the will

in the will it says

the resident has a right to reside at the property until the earliest of the events.

1.the resident dies.

2.the resident ceases to reside permanently at the property.

3.the resident ceases to comply with one of these conditions

a)the resident must pay a reasonable rent determined by the trustees (that's myself and my sister)

b)the resident must pay all out goings.

c)the resident must keep the dwellings in good repair.

when the current AST ends next year.being the trustees we can increase the rental amount by law to greatly higher amount.

meaning the tenant if he does not want to pay the higher amount will have to move out.

we are worried the tenant will have rights and we wont be able to ask for more than a reasonable rent as it states in the will.

but because we the trustees where not sure??

its complicated

any ideas would be gratefully recieved.

[Mortitia]

Really you should take legal advice on this one.

If the tenant is on a regulated tenancy you could only increase the rent by 3% every two years. This is overseen by a government body the name of which I can't remember. Try Googleing 'regulated tenancy regulations'.

Mortitia