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

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  • tired old chap
    replied
    Originally posted by hybrice View Post

    Very true and glad you've considered it. Though the queue won't get any shorter in the foreseeable...
    Nope. Hobson's choice eh...?

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  • hybrice
    replied
    Originally posted by tired old chap View Post

    Yep, although I'm not mad keen on an S21, given the 6 month notice period, backlog of court cases and an open-ended ban on enforcing possession orders. Serving that could start an odyssey lasting over a year and once prompted by such a thing could simply decide to sit tight and no longer pay.
    Very true and glad you've considered it. Though the queue won't get any shorter in the foreseeable...

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  • tired old chap
    replied
    Originally posted by hybrice View Post
    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.
    Yep, although I'm not mad keen on an S21, given the 6 month notice period, backlog of court cases and an open-ended ban on enforcing possession orders. Serving that could start an odyssey lasting over a year and once prompted by such a thing could simply decide to sit tight and no longer pay.

    Leave a comment:


  • tired old chap
    replied
    Originally posted by AlexR View Post
    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.
    Yes, that had crossed my mind, but I'd very much like to find out for sure if the poor old dear is alive or dead!

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  • hybrice
    replied
    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.

    Leave a comment:


  • AlexR
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

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  • Lawcruncher
    replied
    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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  • Ted.E.Bear
    replied
    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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  • tired old chap
    replied
    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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  • 45002
    replied
    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"

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  • tired old chap
    replied
    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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  • 45002
    replied
    Hello tired old chap

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

    Leave a comment:


  • tired old chap
    replied
    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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  • tired old chap
    replied
    Yes indeed, quite right.

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