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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A question related to Probate. We currently rent(via a letting

Resolved Question:

A question related to Probate.
We currently rent(via a letting agent) a property which entered probate mid 2014.
We have since found out that there are no living relatives at all and no will was left by the owner.
So my questions are.
Can the letting agent increase the rent without a landlord/owner. It is somewhat ironic that the latest letter from the agent reads "the landlord has agreed to the rent increase of".
Can they re-rent the property if we leave before probate ends(if not they we have leverage)
If I understand correctly, the property will go to the state once probate complete - As the letting agent will loose the property to the state do they have any reason/right to keep the deposit. Its not as if they need to redecorate for their next tenants.
Cheers,
Russ.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
No the agent can't just increase the rent. The agent is just that, an agent and acts on behalf of the owner or their estate. They must take their instructions from those persons.
They can not relet the property, see above. They must take their instructions from the owner, or estate. They can't keep the deposit either as it belongs to the tenant.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Many thanks for the answer,

I've since been told by the letting agent that "With regards ***** ***** renewal, the solicitors who have control over probate are the 'landlord' and they have instructed us to increase the rents, and keep all the tenancies going at all of Mrs Ellis' properties. The increase is legal and correct as instructed by Probate."

So I guess simply have to live with it.

Cheers,

Russ.

Expert:  Ash replied 2 years ago.
Russ, that does appear to be the case. But you can push through probate and then once completed, removes the Solicitor as Landlord.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex