Friday Hypothetical - Regulated Tenancy

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    Friday Hypothetical - Regulated Tenancy

    Friday hypothetical (based on an actual scenario I'm dealing with).

    The tenant in a Regulated Tenancy has died and his daughter (who did not live with him) wants to hand the keys back. Obviously the landlord is happy with this as (not to be disrespectful to the deceased) his house just increased significantly in value.


    However, it got me thinking, what happens legally in this situation?

    I'm aware that Regulated Tenancies can be succeeded if a spouse or child lives with the tenant, but what if they don't, as in this case? What happens to the tenancy when the tenant passes?

    When a tenant dies under an AST the tenancy doesn't just end and the estate continues the tenancy until it ends (they give notice or the landlord does). In practice it's fairly common that the landlord just accepts an immediate surrender from the family and collects the keys when they've cleared the house of the deceased's possessions.

    So does anyone know what happens in the case of a Regulated Tenancy in this scenario? Does the tenancy continue with the estate? If so, what type of agreement might it be? Or does it just end when the tenant is no longer alive?

    #2
    If daughter wants to hand keys back, I think it is your duty to your client not to interfere in that.

    Comment


      #3
      Originally posted by JK0 View Post
      If daughter wants to hand keys back, I think it is your duty to your client not to interfere in that.
      Yes, it's a hypothetical question based around these circumstances.

      The landlord is of course going to accept her surrender of the keys but I'm just curious. I have no intention of interfering, not least because I now get to sell it.

      Comment


        #4
        Just ask the dau to return the keys to end the Regulated T.

        Comment


          #5
          The executor of the tenancy can surrender it (and in this case it doesn't appear that anyone else has a stronger claim anyway).
          If the daughter is the executor, accept the keys as an offer to surrender, accept it and retake possession.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Yes, I understand all of that and that's obviously the practical thing to do.

            But let's say, for arguments' sake, that the landlord was a right arse and came back with something like, "I haven't technically been given notice and I'm out of pocket."

            Then what? Can the Regulated Tenancy continue with the estate until it's ended? Could he ask that he be given notice as per the tenancy?

            Comment


              #7
              A statutory tenancy under the Rent Act is not a legal interest in land. It applies to the tenant only and is a personal right to occupy. When the tenant dies, that right extinguish. If no one eligible to succeed either to another statutory tenancy under the Rent Act or to an assured tenancy, then that's that. Anyone still occupying as residential occupier would still have to be evicted through the courts, but there's no tenancy and hence no rent due from the estate.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                https://england.shelter.org.uk/legal...ed_tenancies#5
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  Originally posted by KTC View Post
                  When the tenant dies .... then that's that.
                  No it isn't.

                  Presumably that is the crux of what HantsAgent is asking.


                  Comment


                    #10
                    Originally posted by mariner View Post
                    Just ask the dau to return the keys to end the Regulated T.
                    Nope, that wont end it the RT.

                    What's a dau !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

                    Originally posted by KTC View Post
                    When the tenant dies, that right extinguish.
                    NO.

                    The estate continues until either Surrendered by a executor, a courts order for possession is obtained or there are Succession rights.
                    Thunderbirds are go

                    Comment


                      #11
                      Originally posted by KTC View Post
                      A statutory tenancy under the Rent Act is not a legal interest in land. It applies to the tenant only and is a personal right to occupy.
                      So unless there's a current contract, the tenancy has already ended.
                      By handing the keys back, the daughter isn't ending the tenancy, she's just relinquishing her access to the property (assuming there's no one else living there).
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment

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