Situation re tenancy after landlord's death

[NOX]

Hi, Asking advice for some people I know who have rented their house from their landlord for three years on an initial 6 or 12 month tenancy which was never renewed, they just continued to pay rent. At first all was well, then the central heating broke down and they were without central heating all last winter and they got into rent arrears oweing to huge electricity bills due to the lack of central heating. Fair enough the landlord knocked £500 off their arrears as a form of compensation but that did not cover anywhere near the amount of expense they had been put to. The landlord's position was that they owed the full amount of rent, their position is that they rented a house with central heating and should have had it and that it is not reasonable for them to be expected to repay the 'arrears'. This was not too much of a problem and was still being discussed, however their landlord died and his wife is now taking a far more rigid line that they are in arrears and owe her the money. What is their legal position- the tenancy was never renewed whilst the original landlord was still alive, they have no tenancy with the wife since his death and they are feeling stressed and harassed regarding arrears they don't feel they owe ( at least not all of them). They would like to stay in the house but get the feeling that if they don't agree with the wife and give her all the money that she's asking for that she will ask them to leave. Rent is £1000 pcm, electricity bills were over £2k ( normally £500ish) arrears £1500.
Thanks in advance.

[lcg]

tenancy rights remain the same - as they continue to pay rent they 'roll over' from the initial period covered by the paperwork. your friends have three options:
1. pay the money and hope she doesn't turf them out anyway (and...will she sell the house; make a good landlord etc?)
2. continue discussion, argue said case and produce evidence of alternative costs due to heating bills (which she would probably want to settle the point)
3. tell her to get stuffed, remind her that turfing out a tenant can be costly and stressful, and decide not to pay their rent from now on at all (and ensure she evicts them lawfully - and take an age!)

only your friends will know the correct course of action, but i think they should worry less. the landlord is the one who stands to lose the most (financially) and being reminded of that may help her with her decision-making progress. at the end of the day, it's £500 - if they love the house, are settled and reckon the landlord will be ok...maybe it's worth just stumping up? good luck to your friends x

[lcg]

sorry, missed out a 1...£1500 arrears. x

[bednobs]

Sorry i don't know the specific answers, but as far as i know, you can't just withold rent because of some thing tht needs doing round the house (like heating being fixed.) I'm not sure they have a leg to stand on because 1) last winter was a long time ago 2) Why on earth ddi they stay there and not find somewhere else to live if the heating didn't work ALL winter and the landlord didn't get it fixed? They could have just given their 1 month's notice and found somewhere warmer, but instead chose to stay and spend loads on heating (i presume that's what you mean when you say their electricity bills were high)

[buildersmate]

The business about "they have no tenancy with the wife since his death" is irrelevant. They have an ongoing 'roll over' tenancy with whoever is now the legal owner. This is going to be the executor of this chap's estate - who most likely to be the spouse anyway.

[NOX]

Thank you all very much, I thought as much about the periodic tenancy part- it was the situaiton with the discussions about arrears I was more cluelss about. Thanks very much all:)