Do I Pay Rent to my Landlords Estate

[appo]

My partner and I have been renting a house from my Father for many years. He recently passed away. I am an executor to his will in which I am named as sole beneficiary of the house that we live in.

Due to disability, I rely partially on state benefits to pay the rent. The landlord (my Dad) started some much needed work on the kitchen but passed away before completion, leaving it potentially unsafe.

I am led to believe, after seaching the internet, that our tennancy is still legally binding, with a separate entity called 'the estate' taking the place of the landlord.

This would suit me because as an executor, I could access the funds to finish the kitchen. Although I'm not sure the DWP would be too pleased.

I emailed a solicitor for advice who said that he would think the tenancy ends when the landlord dies.

Please help

Many thanks

[atticus]

If you have had advice from a solicitor, what do you want here?

I think that the point is that the interests of landlord and tenant are now held by the same person: those interests have merged.

[appo]

Thanks for your reply.

If you have had advice from a solicitor, what do you want here?

The solicitor doesn't specialist in benefits or tenancy, he said he would think that the tenancy ends when the landlord dies. So it made me think that its perhaps a grey area?

I understand the idea that the interests have merged. My Dad has left me the house and a fixed sum in his will. If I pay rent to the estate, It wont effect how much money I end up with. It would only be in my interests because I would have a finished kitchen rather than an unsafe one. Either way, I am keen to know what the law requires me to do.

As it stands, I have read that I am still in a contract with the estate and so, need to pay rent to it. And the estate needs to make the kitchen safe. Or does the law require me to end the tenancy?

I could end the tenancy, because its an old one now running month to month. But then I would have to wait for probate and distribution before I have enough money to make the kitchen safe. Is it illegal to use money from the state to make the kitchen safe?

[atticus]

The more questionable area may be claiming benefit to pay rent if you do not need to pay rent.

[appo]

The more questionable area may be claiming benefit to pay rent if you do not need to pay rent.

Exactly. So the question is, do we need to pay rent? and would my parter have any rights as a tenant if we don't

There are other beneficeries in the will. I am the sole beneficiary of the house. So would any profits from that business go to me, along with the house or divided up between the other beneficieries. I will only to recieve a fixed amount acording to the will.

[atticus]

As far as I can tell from the way you are drip feeding incomplete information, any rental income will go into the estate as cash. This will be a different item to the house itself, and it seems that the cash should be divided amongst several beneficiaries. That suggests that it would be wrong to use that money to pay for kitchen work.

[appo]

As far as I can tell from the way you are drip feeding incomplete information, any rental income will go into the estate as cash. This will be a different item to the house itself, and it seems that the cash should be divided amongst several beneficiaries. That suggests that it would be wrong to use that money to pay for kitchen work.

Thank you for your reply. I would be happy to give more information, what would you like to know?
Surely I am either still in a tenancy agreement or not. So if I'm paying rent to the estate, then would expect the estate to make the kitchen safe to use.
Also, my partner would like to know where she stands, shes not inheriting anything.

[atticus]

I suggest you consult a suitably qualified professional, showing him or her all relevant documents.