One dead tenant out of two - what to put on the notice and court paperwork?

[visum]

A landlord asked me the above question, to which I had no answer, as I've (thankfully) not come across anything like it previously. I'm as curious as he is. The situation is as follows:

One of the two tenants on the AST has recently died. He wants to seek possession using Section 8 ground 1 (because it was his former home and he wants it back). He's worried that if he files paperwork with just the name of the surviving tenant, accompanied by a copy of a tenancy agreement with two tenants named on it, then his claim will be rejected as incorrectly completed, or that if he files paperwork with two tenant names on it then his claim will be rejected because you can't take a dead person to court!!! Given both the cost and the amount of time that waiting for a court hearing is taking at the moment he doesn't want to mess up. Does anyone here know the correct route?

[theartfullodger]

Can he prove he served the prior notification notice before the tenancy?

He's expressed sympathy earlier, obviously, ?

[visum]

LOL. I don't know about the sympathy, but yes he served the prior notice (and presumably has acknowledgement) as he knew he wanted to return at some point when he originally let it.

[KTC]

If they were joint tenants, the tenancy continues in the name of only the remaining joint tenant(s). When filing the claim for possession, find an appropriate space to put the info in, or include it in a witness statement.

[visum]

That seems to me to be an eminently sensible approach.

[Ted.E.Bear]

Is there any advantage to using section 8 instead of 21?

[visum]

It's (potentially!) much quicker under these particular circumstances. Although the issue with what to put on the paperwork would be just the same.

[jpkeates]

The tenancy continues as before, with the estate representing the dead tenant.
Serve all of the notices to the remaining tenant and the estate of [name of the dead tenant].

The estate is liable for rent and for the rest of the tenant's obligations.

[KTC]

It doesn't become part of the estate if there were joint tenants.

https://england.shelter.org.uk/legal...nt_tenancies#4
https://landlordlawblog.co.uk/2014/0...e-tenant-dies/

[Ted.E.Bear]

It's (potentially!) much quicker under these particular circumstances. Although the issue with what to put on the paperwork would be just the same.

I'm not sure of any circumstances where it would be quicker - I think it would be worth double-checking.
Yes, the issue is the same, but there is no point getting the name(s) right if the notice is wrong anyway!

[KTC]

I imagine issues with GSC and/or deposit protection.

[jpkeates]

It doesn't become part of the estate if there were joint tenants.

I am genuinely amazed at that.
Makes sense for Regulated Tenancies, but not for an AST.
Still, good to learn something new.

[visum]

I'm not sure of any circumstances where it would be quicker - I think it would be worth double-checking.
Yes, the issue is the same, but there is no point getting the name(s) right if the notice is wrong anyway!

I didn't bother to check because the landlord had already made his intended path clear but I believe that under section 8 ground 1 one the notice period is two months, whereas a section 21 is 6 months at the time of writing.

[visum]

I am genuinely amazed at that.
Makes sense for Regulated Tenancies, but not for an AST.
Still, good to learn something new.

Yes, this is turning into an interesting thread! Thanks to all participants.

[visum]

I imagine issues with GSC and/or deposit protection.

Not sure of the original reasoning, but currently s8 ground 1 notice period is 4 months shorter than s21.