- August 31, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Dealing with Landlord Requests as Executor: AI Legalese Decoder to the Rescue
Introduction:
Losing a loved one is never easy, and being burdened with the responsibilities of an executor can add to the stress. If you find yourself in a situation where a persistent landlord is pressuring you for viewings and access to your late father’s rented house, it’s important to understand your rights as an executor. Fortunately, with the help of AI Legalese Decoder, you can navigate through the complexities of legal jargon and gain valuable insights to handle this matter effectively.
Background and Current Situation:
My father’s untimely demise in early July left me in charge as his executor. For the past 15 years, he had rented a house from a private landlord, and now my siblings and I have been diligently clearing out the property while continuing to pay rent. As per our agreement, we have decided to hand back the house to the landlord by mid-September.
The Persistent Landlord:
During this challenging period, the landlord has been persistent in seeking access to take photos for the brochure and subsequent viewings. This situation, coupled with the emotional toll of managing everything, has made it difficult for me to entertain the landlord’s requests. I genuinely do not wish to deal with viewings or address any concerns regarding lost rent.
Current Action Taken:
In an attempt to communicate my decision, I replied to the landlord’s email last night, clearly stating that we will not permit any viewings.
Exploring Executor Rights:
As the executor, it’s crucial to be aware of the rights bestowed upon you. In this situation, should the landlord choose to push the matter further, it is essential to understand your legal standing and utilize your rights effectively.
AI Legalese Decoder Assistance:
Fortunately, with the advent of AI Legalese Decoder, you can make informed decisions and anticipate further developments. This innovative solution breaks down complex legal jargon and provides you with a deeper understanding of your rights as an executor. By leveraging AI Legalese Decoder, you can gain insights into your entitlements and confidently handle any potential challenges from the landlord, should they arise.
Conclusion:
Being an executor is undoubtedly a challenging responsibility, especially in difficult times following the unexpected loss of a loved one. However, by understanding your rights and seeking the aid of AI Legalese Decoder, you can navigate through legal complexities, effectively handle landlord requests, and make confident decisions for the estate. Remember, in times of distress, AI Legalese Decoder is here to help empower and guide you through the legal intricacies, ensuring a smoother executorship journey.
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****** just grabbed a
I would send one polite but firm email.
Point out that:
rent is still being paid as;
the property is still in use and has not been surrendered.
viewing are not currently appropriate.
confirm the end date in writing.
advise them that there is no quicker solution.
ask them to respectfully cease communication while this very personal matter is resolved.
suggest they they use prior photos for advertising.
highlight that if they continue to contact you, you will seek legal advice regarding your rights over being harassed.
You are being more than fair here.
In the current market then can very easily build a waiting list for the property and have an open day when given back. It will rent swiftly.
As for any periods of ÔÇ£lost un let rentÔÇØ they have had 15-years of full let so itÔÇÖs well below industry expectations.
IÔÇÖm sorry your landlord or letting agent are so heartless and that any of this needs spelling out to them.
The tenancy doesn’t end automatically when a tenant dies. The interest in the property passes to the executor of the will. The landlord would need to serve notice on the executor (but would only need notice to quit, no need to use section 21) to end the tenancy. OP you are fine and the landlord can’t insist on access until the tenancy is ended.
To push a slightly different angle – even if it was enforceable (and it may not be, see other answers here) the Landlord getting a court order to allow it would not be a quick process – you may have to surrender the propert before they get access.
It may also be prudent to change the locks, as they may gamble that the property is unoccupied, and try and do viewings without your consent.
I’d say she’s actually looking early access to assess the condition of the property and to see what deposit she can retain for repairs to get it to a renting standard.
Condolences on your loss by the way
maybe check the contract about how long the place can be unoccupied for, if you’re not staying there it could cause issues with insurance etc
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Why would you be ‘bothered’ by viewings if you don’t even live there? An agent will do them and you are under no obligation to tidy before hand so it seems like you are being obstructive.
If he can’t even take pictures it could be months before he has a new tenant. You need to allow reasonable access and you are not. By you own admission because ‘you can’t be bothered’. He’s trying to run a business remember.
IÔÇÖm sorry for your loss.
There may be something in the lease that says viewings etc must be allowed, at agreed times.
Surely the death of the tenant terminated the tenancy? Or am I missing something?
DoesnÔÇÖt it also depend on whatÔÇÖs written on the lease? The landlord might have stipulated that they can enter a property given notice for any reason. We often provide as soon as we know, notice and then send official notice 24 hours out as per the lease agreement. This is an unfortunate event but it sounds like they want to know what kind of repairs/damage they will need to fix after 15 years, and get get the ball rolling for the next tenant. That being said a little compassion can go a long way.
So he just want to take some pictures to find new tenants. That’s sound reasonable. Just be there with him when he does it. If the place is a mess (because of the packing…) that’s gonna be his problem.
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What’s the harm in allowing the landlord in once to take pictures so he can show to perspective renters?
Never rented personally but do contracts not include something along the lines of ÔÇ£during the final month of the tenancy access must be allowed to allow potential renters to view the property/allow the landlord to take photos for any advertsÔÇØ?
You are allowed to refuse access in any reasonable circumstsnce. I had a similar experience where my private LL wanted to perform major remedial work in the last two weeks of my tenancy when I was trying to pack up and move. Im sure you can imagine how stressful it would have been to have builders traipsing through, not to mention all the dust and mess everywhere. I got some advice from the ‘tenants champion’ at the Council who stepped in. Told me that because the work required wasn’t health & safety related, that I could refuse access in writing.
Check with your local council to see if they have someone similar to step in. It sounds like a similar situation.
I’m sorry for your loss.
When we were moving out (as landlord wanted to sell), we took all the stuff out of the kitchen cupboards and left it across all the worktops, had clothes all down the hallways and made it look as untidy as possible so the agents couldn’t take any photos to promote the house.
I was in my teens at the time, my parents went out and left me to answer the door, the agent walked in and went , oh. Didn’t take any photos, and left.
Boxes in the middle of rooms piled high doesn’t make good photos, who knew?