My tenant has passed away and their son isn't leaving the property

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    My tenant has passed away and their son isn't leaving the property

    My tenant has passed away and their son isn't leaving the property. Their tenancy runs out at the end of January. I knew the son was staying there as a carer for my tenant. The son's sister told me that the son would not sign the tenancy. The son was looking after the utility bills and had them in his name. I am now worried that I can't get him out of the property. What are my options?

    #2
    The tenancy is part of the deceased's estate and will continue until it is ended (it won't "run out").
    If the estate don't return possession to you, the tenancy will become periodic.

    In order to get him out of the property, you'll have to serve notice (having made sure that you have met all the preconditions for such a notice).
    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


      #3
      Hello Con

      How long had the deceased tenant and son been living there for, date they 1st moved in ?
      Thunderbirds are go

      Comment


        #4
        Has the Son's sister mentioned anything about '' rent '' ? I gather he intends to simply sit there, pay nothing, not give notice and wait it out ....... payment free living.

        Comment


          #5
          Unfortunately, I echo the sentiments above.

          As you knew that the son was staying there as a carer, it's certain that he had the tenant's permission to be there - so any claim of trespass is off the table. You should issue the S21 today and minimize your losses.

          If you think he will pay, you could always "lean in" to the tenancy and offer a new agreement to the son. But in my experience, they have usually been living on the living allowance of the parent and when that gets cut off, it only ever seems to go one way....non-payment.

          If it were me, I'd check I have everything in order and issue a valid S21 today.

          Comment


            #6
            Originally posted by hybrice View Post
            As you knew that the son was staying there as a carer, it's certain that he had the tenant's permission to be there - so any claim of trespass is off the table.
            Trespass is entry beyond permission.
            Even if the tenant allowed the son to reside, once that permission is no longer valid, they might be a trespasser.

            But the permission doesn't end with their death.
            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


              #7
              IANAL just thinking out loud...

              If the estate hasn't terminated the tenancy, then does rent continue to be owed?
              If so, can the deceased's estate be sued for the rent debt & associated costs?

              OP seems to be on speaking terms with the sister, so might be worth bringing up, since it could affect what sister, son & other siblings get from inheritance (if the deceased had anything worth inheriting...)

              Comment


                #8
                Originally posted by Bram Stoker View Post
                If the estate hasn't terminated the tenancy, then does rent continue to be owed?
                If so, can the deceased's estate be sued for the rent debt & associated costs?
                Yes. You are assuming that there's a debt though. OP haven't come back to confirm either way.
                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
                  The tenant and son moved in on the 1st of May, The tenancy expires and is paid up to the end of January. There are new tenants waiting to move in 1st February

                  Comment


                    #10
                    You have made a fairly fundamental error unless the tenant has given notice that ends the tenancy at the end of January.
                    In England and Wales, residential tenancies don't "expire", they automatically continue until brought to an end.
                    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


                      #11
                      I'm not sure whether a periodic tenancy will arise at the end of a fixed term tenancy when at that time the tenant is part of a deceased estate (is it still assured during that time?), but the landlord would still need to go through court to evict anyway so same difference I guess.
                      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


                        #12
                        Originally posted by KTC View Post
                        I'm not sure whether a periodic tenancy will arise at the end of a fixed term tenancy when at that time the tenant is part of a deceased estate (is it still assured during that time?)
                        I'm not sure either.

                        I think a periodic tenancy will arise, because s5 of the Housing Act lists what stops it from happening, and dying isn't on the list. So because the tenancy is automatically part of the deceased's estate, I think the estate is entitled to remain in possession (even if they're not capable of residing there).

                        I suspect the periodic tenancy can't be an assured tenancy, though, so that would seem to undermine that argument.
                        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


                          #13
                          For the periodic tenancy to arise under s5, the fixed term tenancy that is ending needs to be assured. For a tenancy to be and remains assured, the tenant needs to occupies the dwelling-house as his only or principal home. Many personal represenative / administrator / executor would not be living at the property. Even if they do, are they "the tenant"? I have no idea how that works legally.
                          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


                            #14
                            How was the rent being paid? Was it via housing benefits? Don't the council pay for a period after the claimant has passed away? Or did she have savings / pensions? Did you reference her?

                            > The tenancy is part of the deceased's estate and will continue until it is ended (it won't "run out").

                            If there are rent arrears, can the landlord seek rent arrears from the Estate? (Assuming there are any assets).

                            Can the sister end the tenancy on behalf of the Estate? Can liability for rent be passed to her too.

                            It is a delicate situation, as someone has passed away. The son may have no where to go, but it does not help the Landlord....




                            Comment


                              #15
                              Originally posted by Flashback1966 View Post
                              How was the rent being paid? Was it via housing benefits? Don't the council pay for a period after the claimant has passed away?
                              Not as far as I know.

                              If there are rent arrears, can the landlord seek rent arrears from the Estate? (Assuming there are any assets).
                              Yes, definitely.

                              Can the sister end the tenancy on behalf of the Estate? Can liability for rent be passed to her too.
                              If the sister is an executor, yes to the first. But no one else can be made personally liable for the deceased's debts other than the estate. It would take a new tenancy to make someone liable for rent.
                              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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