I'm convinced that my tenant is dead - but how do I prove it?

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    #16
    jpkeates,

    Thanks. It's certainly a can of worms I'd rather avoid opening, which leads me back around to ascertaining definitively whether the poor old girl is dead or not!

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      #17
      Originally posted by tired old chap View Post

      Thanks for the suggestions. I'm pretty sure that data protection law stops any of those from telling me anything (bar the neighbours, obviously). Googling her produces nothing, but she was very old and had no social media presence etc. I suppose I could serve a section 8, but in the past ....!
      Perhaps, but worth a try.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #18
        Originally posted by tired old chap View Post
        So, out of curiosity. What do I do if she turns out to be dead and unwanted members of her family have moved in? I don't want to let to them. Since they have no tenancy, do I simply call the police on them as squatters? Something else? I surely don't have to go through court proceedings to get rid of people who aren't even tenants do it?
        They're almost certainly not squatters.
        Someone will have given them permission to be there, so that's not a fruitful path forward.

        Even if the tenant is dead, the tenancy is ongoing and will continue until someone ends it - the executor can let the family live there - it might be a breach of the tenancy agreement, but that's not easy to prove.

        Because they're paying rent, the tenants can argue that they are, in fact, tenants.

        I can't see how you'd remove them against their will without going to court.
        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).

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          #19
          Deaths have to be registered, so ask your local register office:
          https://www.gov.uk/register-offices

          You need to be sure before you can even consider what you do next.

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            #20
            Yes indeed, quite right.

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              #21
              Originally posted by jpkeates View Post
              They're almost certainly not squatters.
              Someone will have given them permission to be there, so that's not a fruitful path forward.
              Well it's not possible for me to know that (they could have just let themselves in with a key), but equally of course it would be impossible to prove that the tenant *didn't* say that they could move in. Ho bloody hum!

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                #22
                Hello tired old chap

                When did this deceased tenant ? 1st move in, how long they have been living there for...
                Thunderbirds are go

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                  #23
                  Originally posted by 45002 View Post
                  Hello tired old chap

                  When did this deceased tenant ? 1st move in, how long they have been living there for...
                  You asked this on the previous page and I answered. I was also curious to the question's relevance? Will the amount of time in situ help/hinder the situation in some way?

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                    #24
                    Originally posted by tired old chap View Post

                    You asked this on the previous page and I answered. I was also curious to the question's relevance? Will the amount of time in situ help/hinder the situation in some way?
                    Sorry I can't see your answer !

                    It could be relevant or not if you tell everyone "how long has your tenant been living there for"
                    Thunderbirds are go

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                      #25
                      Originally posted by 45002 View Post

                      Sorry I can't see your answer !

                      It could be relevant or not if you tell everyone "how long has your tenant been living there for"
                      It's around 5 years. You've piqued my curiosity now. In what way is this relevant?

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                        #26
                        If the tenant had been there long enough to have a rent act tenancy then the relatives may have been able to inherit the tenancy. Hence the answer of 'some years' wasn't very helpful...

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                          #27
                          As suggested, I think your first port of call has to be the local registrar. Bear in mind that the death has to be registered in the district in which a person dies. If there is a possibility that she has died in a hospital outside your district you will need to try that district too if the local one has no record of her death.

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                            #28
                            Originally posted by tired old chap View Post
                            Well it's not possible for me to know that (they could have just let themselves in with a key), but equally of course it would be impossible to prove that the tenant *didn't* say that they could move in.
                            If they let themselves in with a key, they're probably not squatters - being given a key is probably permission to enter.
                            If the tenant is dead, an executor can give permission.
                            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


                              #29
                              Have you thought that the tenant may simply be in and out of hospital or care home, or even staying with relatives part time and is struggling with their health? They may not wish to give up the tenancy as the family are hoping she recovers sufficiently to live in her house as before. You mention that the rent is being paid so that is at least one less worry. A relative of mine had a similar medical experience and was kept in a nursing home with no visitors allowed. When dementia is diagnosed it is difficult for some families to come to terms with the implications.

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                                #30
                                If it is causing you great concern then issue a S21 notice. Remember that possession orders apply to the tenant (AND ALL OTHER OCCUPIERS). The only Defence they could make would be to come forward and say the family member has passed, and you'd then deal with that in Court rather than guessing. And if they have no evidence of instructing you that's the case, I don't really see how they'd succeed - your solicitor would likely argue that the papers were still served and received by the family who inherited occupancy.

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