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sfi001

Tenant / Landlord no contract - how to proceed?

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Hi!

 

It's been a while since i frequented the Property Hub but i return in search of advice...

 

Circa 2005 my Grandad bought a house for my partner, daughter & I to live in. The house was bought outright and remained in my Grandads name. There was no repayment terms, it was a pure gift.

 

Circa 2009 I left the family home. My now ex-partner, daughter and son continued to live in the house bought by Grandad.

2 months ago, Grandad passed away :( the property will be left to my Dad as part of Grandads estate.

 

My ex-partner continues to live in the house which is fine as long term I see the house as being left to our children anyhow.

 

I just wondered what our legal position is for my Dad as a landlord when he inherits the house? There has never been any contract in place between my ex-partner & Grandad and she has continued to live there rent-free since we split in 2009.

 

So....

 

1) Does Dad have any legal responsibilities to fulfil to the tenant? (gas certificate??)

2) Is Dad responsible for any repairs requested by the tenant?

3) Can the tenant be evicted with notice? (just so we know all options)

 

Any other advice/recommendations would be much appreciated.

 

Thanks for your time,

Si

 

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Hi Si,

Dont worry, I sometimes buy properties at auction with tenants under 'tenancy unknown' descriptions on the catalogue that nobody else dare touch. So I know what I'm taking about.

Your dad when he inherits the house becomes a landlord. He serves whoever's is living there a section 48 notice, informing them he is the landlord. 

As the property was purchased in 2005 any adult living there after this date, is automatically deemed to be on an AST even though no paperwork may have been signed.

From 2005 (purchase date) onwards normal AST landlord requirements should be met. CP12's issues, repairs done, EPC issued to tenants etc etc.

The fact that no rent changes hands or there is not an AST contract in place doesnt matter.

Normal AST eviction rules apply (so they can be evicted with correct notice).

Hope this helps. Find me on Linked In.


Conrad Paton

+44 7957 959851

conradpaton@yahoo.co.uk

https://www.linkedin.com/in/conrad-paton-424446110

 

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