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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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I inherited a small shop. There are tenants with NO contract,

Customer Question

I inherited a small shop. There are tenants with NO contract, but are, I am advised, protected by the Landlord and Tenant Act.

Everything is in probate still so I have not yet had the shop signed into my name.

When the shop is signed in my name do I have to accept the rent from the tenants? If no, what do you do. If yes, are they then protected by the Act as their were. I.e do I become the same as my uncle was as landlord through inheritence, or can this start afresh - ie. I accept no money from them and ask them to leave?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If they are there as business tenants then they will probably be protected by the Landlord and Tenant Act. You will have to therefore keep them on as tenants.

Do you have any intended use for the shop? There are grounds for taking possession of business tenancies under S.26-30 of the Landlord and Tenant Act. If you tell me what you need the shop for this may be of assistance?

Kind regards

AJ
Customer: replied 3 years ago.


I am not sure what I wish to do yet. I just want to know the options.


 


I inherited a house, with a small shop at the front which has these business tenants in it (a small deli business).


 


It is probable that a developer of some kind may be interested in the properties as they are ripe for some kind of refurb.


 


So, I understand about them being the tenants and the Act and can look into this further if I want them to leave (they currently pay too little rent anyway).


 


But, what I want to know really is, is it an option at all that the shop is signed in my name but I refuse the rent and therefore am not thier landlord and they not my tenant? Is this an option? Or do I inherit the tenants with the shop - is their no choice in this?


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I am afraid you inherit the shop with the tenants.

Under S.25 of the Landlord and Tenant Act 1954 is the formal procedure for a landlord to serve notice on a tenant to bring their tenancy to an end. http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/section/25

Would you like to discuss this further?

Kind regards

AJ
Customer: replied 3 years ago.


Thank you. I just wanted to completely confirm then that the tenants have the same rights with me as the new owner as they had with my uncle prior to his death?


 


That accepting money from them once it is signed in my name is XXXXX XXXXX happens - there is no other option?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I would send a notice to the tenants saying that the rent should be paid to you and how to pay it.

If you want possession back I would go and see a local solicitor asap. You will then be able to serve the notice as soon as the property is in your name.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


surely cannot send a notice to them until it is in my name? I presumed currently they pay to the Estate.


Anyway its not the issue, i just want absolute confirmation that it will make no difference to my position if I start accepting money from the tenant. i.e. I am bound already by the Act because I inherit and become what my uncle was - i.e. the role of landlord is inherited as such. Or not?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

You cannot serve the notice until you own the property.

Yes you inherit the tenancy and you become their landlord.

If their tenancy is protected by the Landlord and Tenant Act then you will need to serve notice on the in accordance with that act, i.e S.25, if you want to get rid of them.

When you get the papers you will be able to see exactly what was agreed.

Kind regards

AJ

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