I have recently been doing some training for Propertymark on ‘Death in Tenancy’.

One point which seemed to surprise delegates was their legal position on the death of their landlord.

The position is that their agency contract will end with the landlord’s death. This means that:

• They will have no authority to deal with the property
• The executors will not be bound by any action they may take, and
• If they agree something with tenants which is not ratified by the executors in due course, they may be liable to the tenants for ‘breach of warranty of authority’.

The tenancy itself will continue and so far as the tenants are concerned, nothing legally will have changed other than the identity of their landlord.

However the identity of their landlord may be a moot point until probate has been granted or (if the landlord died without having made a will) letters of administration obtained.

Pending the grant of probate or letters of administration

Both of these will appoint ‘personal representatives’ who will be the temporary owners of the deceased’s estate (i.e. everything they owned) for the purpose of paying off any debts and then transferring any property over to beneficiaries.

But beneficiaries may not inherit, even if they are given as a beneficiary in the will, if the estate has large debts.  As the property may need to be sold to pay them off.

So letting agents need to be really careful about allowing relatives of the deceased landlord or anyone else claiming to be the ‘new owner’ of the property access to it and, in particular, receipt of the rent.

If it turns out that this person does not inherit the property, then if you have (for example) passed rent over to them, you may be liable to the personal representatives who will want it paid back.

A difficult position

So agents often find themselves in a very difficult position on the death of the landlord, particularly as it can now take many months for probate or letters of administration to be granted.

Your best course of action is to do as little as possible other than collecting the rent and holding it so you can pass it over to the personal representatives in due course. Or continue to pay it into the landlord’s bank account.

If someone claims to be the personal representative – check this carefully and ask to see the grant of probate/lettings of administration and some ID for the person claiming.

Once probate/letters of administration have been granted, the first thing to do is find out if the personal representatives want you to continue to act as agent – and if they do, get a new agency agreement signed up with them.

If you are not sure about anything – seek legal advice from someone experienced in this area of law. For example, JMW Solicitors who you can speak to via our telephone advice service.

The post The position of letting agents on the death of the landlord appeared first on The Landlord Law Blog.

Here are all our posts for October.

Wednesday 2nd October

Landlord Law Blog Roundup for September

Our roundup of posts for September

Friday 4th October

Landlord Law Newsround #359

Our first Newsround for October

Monday 7th October

Will a guarantor still be liable under the guarantee if the fixed term has ended?

This was a question asked by a tenant via my Blog Clinic

Urban Myth – a tenancy will end if the landlord or the tenant dies

Do you know your law as a landlord if a tenant dies?

Wednesday 9th October

The Renters Rights Bill and two issues that need clarifying on tenants notice to quit

Read my blog on notices to quit and the Renters Rights Bill

Thursday 10th October

The Renters Rights Bill – report on the second reading

I take out the main points on the second reading of new Bill

Friday 11th October

Landlord Law Newsround #360

Our weekly look into the housing news

Friday 11th October

Landlord Law Newsround #360

Housing news and more in our weekly Newsround

Friday 18th October

Landlord Law Newsround #361

Our trending weekly housing news update

Monday 21st October

The Renters Rights Bill – new rules increasing rent & their consequences

What do the new rules mean for landlords? Read my Blog to find out

Wednesday 23rd October

The Renters Rights Bill – The Committee Stage

Read my blog where I summarise the key points made at the Committee reading

Friday 25th October

Landlord Law Newsround #362

Our last Newsround for October

Further Reading

Landlord Law News Blog

• Announcing the Landlord Law Renters Rights Bill Online Conference 2025
• Preparing for the Renters Rights Bill to be made law

For more housing news, follow me on twitter and the Landlord Law Facebook page

Click here to get the weekly roundups sent direct to your email ‘in box’ every week – the easy way to keep up with what’s happening on the blog

The post Landlord Law Blog Roundup for October 2024 appeared first on The Landlord Law Blog.

A lot can happen in a week right now, and this week is no exception where we have had Labour’s first budget in 14 years.

How has this impacted the housing news as we end this week, and let’s see what else has caught the eyes of our Landlord Law team this week.

No EPC grants for Welsh landlords

There has been a very disconcerted view this week in Wales as the Welsh Government announced a £70million scheme for houses to upgrade their EPC ratings and drive for net-zero emissions by 2030, but sadly it excludes all properties within the private rented sector.

Propertymark has criticised this decision as ‘disappointing’. A spokesperson said

Without providing private landlords with incentives and access to sustained funding, it is unlikely that private rented sector energy-efficiency targets and a reduction in emissions across the property sector will be met.

Propertmark approached the company who are administering the Green Homes Wales scheme, who had said that they may extend it to landlords in due course.

Let’s hope they do!

Single renters struggling to afford renting

A survey by Go.Compare claims that 65% of Britain’s average rental costs are above what is affordable for single renters. The average monthly rent is now £1,286 compared to £1,019 in 2019.

Some areas such as Brighton and Hove now require an annual salary of £70,000 to be able to afford to rent in these areas, whilst Dumfries and Galloway were much more affordable with an annual salary of £19,320 and monthly rents around £483.

Nathan Blackler from Go.Compare said

The huge differences in rental prices across Britain really highlight the urgent need for affordable housing solutions. While some areas are still within reach for renters, many renters are struggling to keep up with rising costs that far exceed their wages.

Online help for landlords improving their EPC ratings

Whilst there are still no government grants or assistance for helping landlords meet the EPC requirements of a ‘C’ rating by 2030, a company called Property Master, has just launched an online service, for free, that helps landlords develop a retrofit plan for specific improvements for their property.

Eco-Landlord, Which is currently in its pilot phase, is supported by the Department of Energy Security and New Zero’s Green Home Finance Accelerator, landlords can input their their current EPC rating and the AI-driven application then verifies this and comes up with a retrofit plan for improvements to that property.

It will also identify if there are any grants available and have a list of local installers and finance options.

Angus Stewart, CEO of Eco-Landlord said

By offering a comprehensive platform that consolidates everything from energy assessments to finding reliable installers and financing options, we aim to make the process as simple and stress-free as possible.

This is a start at least for landlords to help navigate the EPC maze.

Housing Benefit frozen for another year

The Labour government have announced this week that housing benefit for private renters has been frozen and will not rise for at least another year.

This will impact vulnerable renters. The Joseph Rowntree Foundation warns that private renters stand to lose an average of £700 per year. Local housing allowance rates for 2025/2026 will also be maintained at the 2024/2025 levels.

Chris Norris of the NRLA says

It makes no sense whatsoever to provide support for housing costs that bear no resemblance to rents as they actually are.

Coupled with tax hikes on the supply of homes to rent, announcements today will make it hardest of all for those claiming benefits to access and sustain tenancies in the rented sector.

The Joseph Rowntree Foundation have calculated that this freeze will put 80,000 renters (including 30,000 children) will be pushed into very deep poverty.

Shocking figures to say the least.

Snippets

Autumn Budget – A Halloween Horror Story
Agent sentenced after giving drugs gang keys to landlord’s flat
London council seeks views on its proposed selective licensing scheme
Rogue landlord to pay £7,000 after council raids properties
Landlord anger at housing benefit frozen for another year

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #363 appeared first on The Landlord Law Blog.

This is a question to the blog clinic from Angela who is a tenant in England.

When I signed my tenancy agreement I found a special clause：

Special Clauses

1.Mortgage
The Property is subject to a mortgage granted before the beginning of the Tenancy and; the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by Section 101 of the Law of Property Act 1925; and the mortgagee requires possession of the Property for the purpose of disposing of it in exercise of that power.

Does this mean that the landlord can evict me at any time after the sale of the property and not pay any damages? What can I do to protect my rights?

Answer

This clause does not entitle your landlord to bring proceedings. It is there to protect your landlord’s mortgage company.

If your landlord defaults on his mortgage payments, the mortgage company have the right to take over the property and evict you, so they can sell it to recover the money they lent to your landlord.

So it’s not a clause your landlord can use himself. It will only ever be used if your landlord defaults on his mortgage payments.

This is one reason why tenants should always pay their rent – if they don’t, their landlord may not be able to afford their mortgage payments, and the tenants may be evicted under a clause like this.

The post Can my landlord evict me under this mortgage clause in my tenancy agreement? appeared first on The Landlord Law Blog.