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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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is a rental contract void if the landlord dies

Resolved Question:

is a rental contract void if the landlord dies
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Welcome to JustAnswer! If you've queries once you've read my answer do ask. When satisfied, please kindly click the Green ACCEPT button

Joshua :

Are you the tenant please?

Joshua :

Or alternative do you represent the landlord?

Customer:

I represent the landlord

Joshua :

Thanks. Are you a lettings agent or are you the executor or relative of the landlord?

Customer:

I m the executor and daughter of the landlord

Joshua :

Thanks. Please accept my condolences on your loss.

Customer:

Thank you

Joshua :

No the contract is not voided. You as executor step into your fathers legal shoes as regards XXXXX XXXXX agreement and assume all rights and liabilities just as your father had. Rent can either continue to be paid to your fathers account or if you prefer you can instruct the tenant to pay rent into a new account as it may be useful for expenses if for example you are awaiting probate cannot yet access other accounts and assets.

Joshua :

If you wish the tennat to move out you will need to consider that they will have security of tenure until the end of the fixed term. After this you must give them two months notice which can end not before the end of the fixed term or after this on any day before rent is payable under the tenancy agreement

Joshua :

Is there anything else I can help you with?

Customer:

Ok so if the tenant tells me they want to vacate the property can invoke the terms of the contract is this correct

Joshua :

I am not quite sure what you refer to but in general terms yes. TO be a little more specific, is this what the tenant has requested? Has the initial fixed term expired?

Customer:

Yes this is what the tenant has stated. The initial fixed term has not expired yet

Joshua :

Thanks. In that case the tenant cannot move out earler than the end of the fixed term without your consent save as follows. The tenant can ask you to replace them as tenant if they want to move out earlier than the fixed term. If they ask you to do this you are under a common law duty to attempt to try to do so providing the tenant underwrites all the reasonable costs of remarketing and agent costs as applicable. The existing tenant remains liable for rent until such time as they are replaced or untl the end of the fixed term which ever is the earlier subject to an overall minimum notice period of one month.

Joshua :

Does that assist?

Customer:

Yes, thank you for your help.

Joshua :

A pleasure

Joshua :

If you have no further questions for now I should be grateful if you would kindly remember to click ACEPT in order that I am credited for my time.

Joshua :

Kind regards

Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 4 other UK Property Law Specialists are ready to help you

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