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

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  • nukecad
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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.

    Leave a comment:


  • tired old chap
    replied
    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!

    Leave a comment:


  • tired old chap
    replied
    Originally posted by 45002 View Post
    tired old chap

    Out of interest, how long has the tenant been living there for, date they 1st moved in ?
    Some years. I'd have to dig out paperwork to get the exact date. Why is it important?

    Leave a comment:


  • jpkeates
    replied
    Originally posted by tired old chap View Post
    Interesting idea re. ground 7. Is it still 2 months to expiry, or has it been bumped to 6 months? Also since I don't 'know' that the tenant is dead when serving I bet it would get thrown out on a technicality, even if she did turn out to be.
    I have no experience with this ground, but it does use the term "became aware" relating to the landlord's knowledge of the tenant's death.
    So it does allow for the possibility of a realisation, rather than being told.

    And it's time limited to twelve months after becoming aware of the tenant's death, so a lot of things can happen in the period since the tenant's death.
    And you could wait, because, right now, you suspect something but are not actually aware of it.

    As long as you don't actually agree a new tenancy has arisen, this seems to prevent accepting rent from creating a new one.

    Leave a comment:


  • 45002
    replied
    tired old chap

    Out of interest, how long has the tenant been living there for, date they 1st moved in ?

    Leave a comment:


  • tired old chap
    replied
    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?

    Leave a comment:


  • tired old chap
    replied
    Originally posted by amy131 View Post
    If they have died and had a will you may find it via the link below
    https://probatesearch.service.gov.uk/#wills
    Thanks! Great site. There's a couple that **could** be her. But I'm not sure how to tell.

    Leave a comment:


  • tired old chap
    replied
    jpkeates,

    Interesting idea re. ground 7. Is it still 2 months to expiry, or has it been bumped to 6 months? Also since I don't 'know' that the tenant is dead when serving I bet it would get thrown out on a technicality, even if she did turn out to be.

    Leave a comment:


  • tired old chap
    replied
    theartfullodger,

    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 I've found them to be no use at all unless the tenant is in 2 months' arrears at the time of service and on the day you turn up at court too. Sending the cheque is a good idea!

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by JK0 View Post
    Could you enquire with death registrar?
    I found an ex-tenant after asking local registrar about her marriage...... Worth a try...

    Leave a comment:


  • amy131
    replied
    If they have died and had a will you may find it via the link below
    https://probatesearch.service.gov.uk/#wills

    Leave a comment:


  • jpucng62
    replied
    Try asking the neighbours - they might know.

    Leave a comment:


  • JK0
    replied
    Could you enquire with death registrar?

    Leave a comment:

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