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

[tired old chap]

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!

[tired old chap]

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.

[hybrice]

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...

[tired old chap]

Very true and glad you've considered it. Though the queue won't get any shorter in the foreseeable...

Nope. Hobson's choice eh...?

[Twohoots]

I think your quickest route is to get in touch with Adult Safeguarding at the council where she lives (or lived). Tell them you are concerned for her welfare and they will look into it urgently. They will be able to check with care homes, the registrar and other agencies very promptly.

[Berlingogirl]

If the old lady is in hospital with dementia she could be there for a long time ie months and months. This happened to my Mum. In the meantime we got Power of Attorney for finances and health.

I would ask the family which hospital she is in , so you can visit her, and if they are applying for powers of attorney, and follow Twohoots suggestion, above.

[tired old chap]

I think your quickest route is to get in touch with Adult Safeguarding at the council where she lives (or lived). Tell them you are concerned for her welfare and they will look into it urgently. They will be able to check with care homes, the registrar and other agencies very promptly.

Great idea. Thanks!

[tired old chap]

If the old lady is in hospital with dementia she could be there for a long time ie months and months. This happened to my Mum. In the meantime we got Power of Attorney for finances and health.

I would ask the family which hospital she is in , so you can visit her, and if they are applying for powers of attorney, and follow Twohoots suggestion, above.

That's interesting thank you. May I ask why they kept her in a hospital (with all the attendant risks to the elderly of picking up infections etc.) rather than a home?

[MdeB]

I'm pretty sure that data protection law stops any of those from telling me anything (bar the neighbours, obviously).

I don't think Data Protection applies to dead people.

[tired old chap]

I don't think Data Protection applies to dead people.

I don't know for certain she is dead. Also if she is then I'd imagine they'd want to run it by next of kin before releasing info.

[tired old chap]

Can you ask the local council to check in on your tenant as a concern for their wellbeing. Many local council have this - there are also NHS volunteers?

Check in on her where? She's not at home. I doubt that they'd want to play detective.

[Berlingogirl]

That's interesting thank you. May I ask why they kept her in a hospital (with all the attendant risks to the elderly of picking up infections etc.) rather than a home?

This happened nearly 2 years ago, before the pandemic. Mum was living by herself and was independent until she slipped over at the top of the stairs, didn't hurt herself but couldn't get up. I had to call the paramedics and they took her to the local hospital where she went down hill very rapidly. Within 2 weeks we could see that her dementia had worsened significantly. They then sent her to another hospital and she got worse and had to be sectioned under section 2, then section 3 and then sent to a more specialist hospital where they were brilliant with her. She did get the occasional UTI which really badly affects old people. Eventually we found a care home for her - this took about 8 months in all. She's been in the home for 14 months now and will spend the rest of her life there.

[tired old chap]

Many thanks for taking the time to explain, it's appreciated, and probably gives a good insight into what's going on here.

[flyingfreehold]

Serve notice so as to put the rent up sharply in a couple of months time, if the tenancy is now periodic and these people are holding over under it; should elicit a reply

[jpkeates]

Serve notice so as to put the rent up sharply in a couple of months time, if the tenancy is now periodic and these people are holding over under it; should elicit a reply

This is a good idea - even a letter advising that the rent will go up would probably trigger some kind of response.