When a landlord dies, it can leave both tenants and family members unsure about what happens next. The key point is that the tenancy does not automatically end. In most cases, the tenant keeps the same rights and responsibilities, and someone else steps in to manage the property while the landlord’s estate is dealt with.

The tenancy continues

A tenant does not have to leave simply because their landlord has died. The tenancy normally continues on the same terms, including the rent, repair obligations and any other conditions in the tenancy agreement.

Who takes over?

If the property was owned jointly, the surviving owner will usually become responsible for the tenancy straight away. If the landlord owned the property in their sole name, the estate will be dealt with by the executors named in the will, or by administrators if there is no will. These people are often called personal representatives.

Rent and repairs still matter

Rent remains payable, but tenants should make sure they know who is legally entitled to receive it. If there is uncertainty, it is sensible for the tenant to keep the rent safely set aside until clear payment instructions are given. Repairs, safety checks and deposit obligations also continue while the estate is being administered.

Once the personal representatives change the address for service or payment arrangements, they should give the tenants an updated Section 48 address and comply with Section 47, so that rent remains lawfully due and any future notice is valid.

If the property is sold or inherited

If the property is later sold or transferred to a beneficiary, the new owner takes over as landlord. The tenant should be given the new landlord’s name and address, together with clear information about where rent should be paid and where notices should be sent.

Practical steps

• Landlords should ensure a Will is made to appoint executors that can step in and manage the property.
• Appointed Executors/Personal representatives should identify themselves clearly and provide written payment instructions.
• Urgent repairs, insurance and safety requirements should be dealt with promptly.
• Legal advice should be taken if there is any dispute about authority, rent, possession or sale.

The death of a landlord can be unsettling, but it does not usually change the tenant’s immediate right to remain in the property. Clear communication, proper records and early legal advice can help avoid confusion for everyone involved.

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

When couples make Wills together, the terms “mirror Wills” and “mutual Wills” are often used interchangeably. In reality, they are very different legal arrangements, and misunderstanding the distinction can have significant consequences for a family’s estate planning.

In practice, most couples who ask for “mutual Wills” actually mean mirror Wills. True mutual Wills are relatively rare because they create a binding agreement that can restrict the surviving partner’s freedom for the rest of their life.

What Are Mirror Wills?

Mirror Wills are two separate Wills containing identical or near-identical provisions. Typically, each partner:

• Leaves their estate to the other on the first death; and
• Leaves the estate to the same beneficiaries (usually children) after the second death.

Although the Wills mirror one another, they remain entirely separate documents. Either party can change or revoke their own Will whenever they choose, provided they have the necessary mental capacity.

This flexibility is one of the major reasons mirror Wills are so popular and recommended.

The key drawback is that nothing prevents the survivor from changing their Will after the first death.

What Are Mutual Wills?

Mutual Wills go much further than mirror Wills. A mutual Will arrangement involves a legally binding agreement between two people that neither will change their testamentary wishes without the other doing so, this becomes impossible once the first party to a mutual Will passes away.

The Wills themselves may look similar to mirror Wills, but there is an additional contractual element. Upon the death of the first person, the survivor becomes bound by the agreement and cannot later alter the ultimate destination of the assets.

If the survivor tries to depart from the agreement, the courts may intervene to enforce the original arrangement.

Mutual Wills are typically used where certainty is more important than flexibility. A common example is a blended family.

A mutual Will arrangement can provide protection against this risk by ensuring that the agreed beneficiaries ultimately inherit.

The Importance of Clear Evidence

One of the difficulties with mutual Wills is that the courts require clear evidence that a binding agreement was intended.

The fact that two Wills are identical does not automatically make them mutual.

In England and Wales, the courts generally require convincing evidence that the parties intended to create a legally binding arrangement and not merely matching Wills. For that reason, solicitors drafting genuine mutual Wills usually record the agreement in very clear terms.

The decision between making mutual Wills and mirror Wills is an important one and not one to be made quickly. If you would like to create a new Will with your partner and would like friendly and professional advice as to the advantages and disadvantages of both options that are tailored to your familial and financial circumstances, please contact one of our offices using the details below.

Saffron Walden – 01799 523 441

Sawston – 01223 832 939

Haverhill – 01440 702 485

In the UK, employers must give employees and workers a written statement of their employment particulars. This is commonly known as a Section 1 Statement and, for most key terms, it must be provided no later than the first day of employment or engagement.

What is a written statement of employment particulars?

A Section 1 Statement sets out the main terms of the working relationship. It is not always the same as a full employment contract, but many employers choose to include the required particulars within a contract because it gives both parties a more complete record of their rights and obligations.

• certain core terms must be provided in one main document, often called the principal statement;
• some information can be set out in another document that the employee or worker can reasonably access, such as a staff handbook or policy; and
• a limited number of further particulars may be provided within two months of the start date.

What are the consequences of not having a Contract?

If an employee or worker brings a successful Employment Tribunal claim and can show that they were not given a compliant written statement, the Tribunal may make an additional award of two to four weeks’ pay, subject to the statutory cap.

The financial penalty may appear modest in an individual case, but the wider consequences can be more significant. Unclear terms can lead to disputes about pay, notice, holidays, benefits, working patterns, post-termination restrictions and confidentiality.

Why is a professionally drafted Contract worth having?

A well-drafted contract does more than satisfy the statutory written statement requirement. It helps set expectations from the beginning, reduces the scope for misunderstanding and gives the employer a stronger basis for managing the relationship if issues arise. It also gives the employer an opportunity to protect the business by including appropriate restrictive covenants, such as provisions dealing with confidentiality, client relationships, staff poaching and competition after employment ends.

For employers, the safest approach is to review employment documentation before a new recruit starts and to ensure that contracts, handbooks and workplace policies work together. If your business has grown, changed working arrangements, or not updated its documents for some time, it may be sensible to review them now rather than wait for a dispute.

If you would like help preparing or reviewing employment documentation, we can advise on your business needs and help ensure they are clear, compliant and commercially practical.