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

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  • theartfullodger
    replied
    Originally posted by visum View Post
    LOL. I don't know about the sympathy,.............
    Death of anyone, especially tenant / customer is surely no laughing matter.

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  • visum
    replied
    Originally posted by Ted.E.Bear View Post

    No, 6 months for s8 ground 1.
    Yes, I see now. Thank you. Not something I thought of checking.

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  • Ted.E.Bear
    replied
    Originally posted by visum View Post

    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.
    No, 6 months for s8 ground 1.

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  • visum
    replied
    Originally posted by KTC View Post
    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.

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  • visum
    replied
    Originally posted by jpkeates View Post
    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.

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  • visum
    replied
    Originally posted by Ted.E.Bear View Post

    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.

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  • jpkeates
    replied
    Originally posted by KTC View Post
    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.

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  • KTC
    replied
    I imagine issues with GSC and/or deposit protection.

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  • Ted.E.Bear
    replied
    Originally posted by visum View Post
    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!

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  • KTC
    replied
    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/

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  • jpkeates
    replied
    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.

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

    Leave a comment:


  • Ted.E.Bear
    replied
    Is there any advantage to using section 8 instead of 21?

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  • visum
    replied
    That seems to me to be an eminently sensible approach.

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  • KTC
    replied
    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.

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