My landlady died last week, and her son has inherited the property. He phoned me tonight, and has emailed me me his contact details and bank numbers so i can change my standing order. He’s indicated in the email they have no intention of selling the property, or giving me notice, but i should ask for a new contract, right?

Or will an amended one (change of names) do?

(I’m into my fourth year in the flat after signing a 12 month contract)

I’m no expert but I would imagine that anybody inheriting would have to honour your existing contract unless there are specific clauses which contradict that. Seems like an ideal time to extend for another year with a new contract though as it seems both of you want you to stay. That’s what I’d do in your shoes.

This exact thing happened to a mate a few weeks back – will ask him what happened with his agreement then update you 🙂

Is he definitely entitled to it? Just checkin’…

Asssuming England/Wales. I assume your original tenancy was an Assured Shorthold Tenancy, this will have rolled over to a Statutory Periodic Tenancy.

New contract? You don’t really need one. If son has inherited that would be implied in normal contract law anyway. A note or addendum to the original could be handy if you need the contract for other purposes though. (do you need to show contract for housing benefit claims, or to prove residency for immigration type queries?)

The trouble with signing a new contract is it ties you and the new landlord in a bit tighter than your current position in the first few months if you sign up for an assured shorthold tenancy, which is usual. Your potential problem here is that if you sign up for, say, 6 month AST and then find you don’t get on with new landlord, you are legally tied in for the period and might have to wriggle a bit to move on quickly without additional cost. From the landlord point of view, if they sign you up on AST, you have more protection in the initial period should they want you out.

To put you back into an equal position before the death, if a new contract is to be signed would be to go straight for a periodic tenancy, with an initial period of one month.

Edit: I’m not a lawyer, but a reasonably experienced landlord.

Slow down! Surely if your landlady died a week ago, then any monies due in the present would need to paid to her estate? How do you know her son has inherited the building? Have you see her Will? The rent will still belong to her until Probate has been granted.

If I were you, I would seek legal advice immediately and in the meantime, send an email back to the son acknowledging receipt of his email, that you are taking legal advice and will not agree to anything until you hear from the landladys solicitor or executor of the Will in a formal capacity ie via letter.

As Jesterthefirst says no changes until probate has been granted and you see the letter granting probate.

Poeple act strangely after a death of a family member especially where money may be concerned, just acknowledge receipt of the email, offer sincere condolances and wait, there may be other members of the family involved or even a sleeping partner.

Just keep up with the payments to the existing account until the will is read or probate granted.A few months probably.

As Jesterthefirst says no changes until probate has been granted and you see the letter granting probate.

exactly – even if her Will is very straightforward it will probably take a couple of months for grant of probate to arrive – as example my dad died in August and grant of probate landed on our doormat this morning. Your contract is with the deceased and remains with them, not with her son (or his bank account), until he has that grant of probate in his hand and can show it to you.

EDIT, in fact a week probably even enough time for anyone to get their hands on the original Will, they might have a copy of it but they won’t know/can’t prove if the copy they hold is the latest valid version until the original is released.

Jester is correct, the house remains part of the estate until probate is granted (3 months min IME) however, the banks will freeze your landladys accounts upon leaning of her death, so I don’t know if any money can be paid in? (none can be paid out)

In normal circumstances it prob wouldn’t matter a jot if you started paying the son, but death does funny things to family situations and we’ve all heard stories of these things going sour.

Your landlady didnt have an account with santander, please, no.

Good point. I hadn’t considered that. I’ll contact the son re. the will

Good point. I hadn’t considered that. I’ll contact the son re. the will

Keep in mind the will is just the starting point for them, it doesn’t mean anything to you until they use the Will to get Grant of Probate, and its only the latter document that means anything to you, as thats the only document that gives them authority to access bank accounts, change house deeds etc.

Keep in mind that they’re probably not experts at death and estates and probate and inheritance so tread gently on their eggshells.