What are my rights after inheriting a tenant?

There are probably quite a few questions here like…

1) What are your intensions? Do you want to sell or remain as let?
2) Is this mortgaged or free?
3) When was the tenancy drawn up?
4) Is it managed by an agent?
5) Are all the requirements in place met e.g. EICR, gas cert (assuming gas), monoxide detector (assuming gas/open fire), EPC etc..

The market rent rate is just 1 of many factors you need to elaborate on.

The landlord’s rights (and the tenant’s rights) are basically exactly as they were before any sale or inheritance of a property.

If you are new to this, I recommend you do some reading before acting as there are many pitfalls you can struggle with. I would recommend the book “how to be a landlord” by rob dix. It has a really good overview or the rules you need to follow and he provides updates when things change.

Hi Georgia

You’d be best getting some professional advice from a good local agent.

The agreement the tenant had with your mother will stand. You cannot unilaterally change anything that has been agreed.

“30 day rolling” is meaningless. The tenancy is periodic. The landlord would have to give two months’ notice to quit. Notice can only be given if all pre-commencement compliance information was correctly provided, so you will need to tread carefully.

Be mindful of your statutory repairing obligations; these exist even if the rent is low.

You could implement a rent review.

You dont have the required knowledge to evict the tenant, so I agree thst you should contact an eviction specialist

I would be having a chat with the tenant. Firstly, make sure that all your paperwork is in order. Gas and electric certificates , deposit protected etc. Arrange a meeting on the basis of, I now own the property, I need to see exactly what needs doing if anything. Ask him what his long term intentions are. He may surprise you and tell you he is emigrating soon. He will know that his rent is low. Give him some examples locally if he doesn’t. Explain that if you are to keep the property, it has to be financially viable for you to do so. IE. Work out how much the property is worth. See how much that amount compares with a savings account.
The other approach is offer to sell it to him. He will quickly realise you intend to sell up. I would be saying. You must know that mum was seriously undercharging you. I can not afford to do that.
I laid out all my costs to my tenant. My profit was only £40 PCM more than I could get from a savings account. We agreed an increased rent based on the fact she could see it wasn’t worth me keeping it at the current rent.

Note also the impending EPC requirements, if the property has been rented at a low rate it could be uneconomical to get it to a C rating.

I would strongly recommend professional help as suggested. The government has made it very difficult to remove tenants with so many trip hazards.

PS do you know if you are in a Selective licencing area?

Please understand your tenant is a person this is his home.

I had many tenants 10 to 15 years no increase . Longest 23 years no increase.

Are you going to sell or are you going to re rent at higher rate.

If tenant is happy with condition of property look at the new lha rates they have increased quite a bit lately.

Work out how much to refurb the property . Then see how much extra rent the lha may pay.

Your tenant may get discretionary housing payment as well.

Talk to the tenant discuss with them a way forward.

I hope you can work together for everyone’s benefit.

Reply to the comment left by Neil Robb at 13/08/2024 – 16:22
10 to 15 years without a rent increase! What’s the name of your charity again?

You need to change your surname, “Robb” doesn’t seem appropriate.

This is a conversation first to be had with the solicitor who is handling the estate and title transfer so you understand your options. Until you have probate you can’t do anything at all and then it will depend on whether you are giving notice to sell or retain. If it’s already been transferred into your name then this should have been sorted at that time so you should go back to the solicitor as they should have dealt with the tenancy then