Rentals in England>Question Details

Tulipsareus, Renter in England, AR

i have a 6month contract on my rented flat and have been there a month but the landlord has passed away and i wont to move what happens now ?

Asked by Tulipsareus, England, AR Sun Jan 22, 2012

I am renting a flat and my landlord has passed away but i wont to move out but have a 6 month contract and only been there a month what can i do and can i move out without having to pay the other 5 months rent. and also we have been waiting for him to do work in the flat like water coming through the electrics and stuff and we have been told that wont get fixed now. where do we stand on this and what can i do ?

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Although I am not an attorney it is my understanding that leases (dependingon their language) are binding contracts. As an example, if someone made an offer to purchase a house, and subsequently passed away before closing, that contract to purchase would have to be honoroed by the estate of the person that wanted to purchase it. Of course every situation is different.
I would recommend contacting the heirs of your landlord to determine if they would be willing to release you from the lease that you are under. Health & safety issues such as those that you describe - water coming through the electrics, etc. could potentially be the main reason to request release from your obligation.
Very difficult situation.
I wish you the best of luck. If the heirs are unwilling to work with you it may pay in the long run to retain an attorney.
Julann Carney
1 vote Thank Flag Link Sun Jan 22, 2012
I am not a lawyer, and it would be a good idea to contact one to be sure regarding laws in your state and area, but for a general answer, I hope this helps:

Your contractual obligation should pass to the heirs or successors of the deceased.

Does your lease contain language containing provisions for also being applicable (or not) to the successors or assigns of one or both parties?

It would look something like this:
"Binding Effect: This lease is binding upon and insures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns."

If there is no such provision in your contract, you may have a void contract.
1 vote Thank Flag Link Sun Jan 22, 2012
I would first talk with the heirs. Maybe they will let you out of the lease. Remember, a lease is a legally binding contract and it binds both parties. Maybe they want out too.

Do you have anything in writing stating that the repairs/work would be done? If so, that may be ammunition to persuade the heirs to let you out of the lease. If you can legally prove that he was responsible for those things, the heirs will have to ho9nor it.
1 vote Thank Flag Link Sun Jan 22, 2012
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