NL1 Notice to Quit on Death of Tenant / Public Trustee

[GDLandlord]

Does anyone have experience using the NL(1) form for the Public Trustee which accompanies a Notice to Quit on the Death of a Tenant please? This is used when a tenant dies interstate and has no personal representatives, or a will and no executors.

The form can be purchased via two agents listed on the Government website. The form is basic, but isn't clear on two things, with very poor explanatory notes.

1. Is it important to put the names of all landlords? The form only uses 'I' indicating one individual, after which you place the name and address. However, if there are joint landlords, and the actual Notice to Quit that is sent to the property is signed by multiple landlords, it would seem sensible that this would be mirrored on the application form. Would using the name of one be sufficient?

2. There is a box indicating that an application fee has been paid, and then has an area for the signature, date, telephone and 'reference' to be inserted. What is the reference to which this refers? Is this a hark back to when cheques were used to pay the application fee? You now pay the office directly online.

Any other advice on this process or the NL(1) form would be welcome.

Many thanks.

[jpkeates]

I've never used the form, sorry.

For a notice it usually only has to be one of the joint landlords who serves it (so it would make sense for this form to follow the same convention).

When you make a payment online, there's usually a reference for the payment.
I imagine this is needed so they can tie the form to the payment that they've received, so use that reference.

Either of those could be wrong though - they're just what I would do.

Is there any particular reason you're going through the process and not simply taking possession (I know its the right thing to do)?

[ash72]

1. Put the name of one of the Landlords, there is insufficient space to put multiple plus the address, if they are different.

2. Reference is your reference, if you made the bank transfer and put a reference in there, use the same on the application form.

Who registered the T's death? as usually when someone dies, you can use the "tell us once" service which then notifies all the relevant gov. departments.

[GDLandlord]

I've never used the form, sorry.

For a notice it usually only has to be one of the joint landlords who serves it (so it would make sense for this form to follow the same convention).

When you make a payment online, there's usually a reference for the payment.
I imagine this is needed so they can tie the form to the payment that they've received, so use that reference.

Either of those could be wrong though - they're just what I would do.

Is there any particular reason you're going through the process and not simply taking possession (I know its the right thing to do)?

Thanks so much for your advice, especially with regard to the reference probably refering to the payment method. Sadly the form doesn't seem to have been updated since the fee had to be paid by cheque, and indeed makes more sense as making a BACS payment is the new method.

The reason we have to do an NL1 is because the tenant has died without anyone willing to act as an Executor for the Estate, so it becomes and interstate case. As the tenancy doesn't end on death, the NL1 and Notice to Quit is assessed by the Public Trustee Office and if accepted, becomes officially registered.

Without taking this step we could be fined and have no proof that the tenancy has been ceased, which we may need if wishing to rent or sell the property in the future.

Hopefully this will bring the matter to a close!
Thanks again for your help

[GDLandlord]

1. Put the name of one of the Landlords, there is insufficient space to put multiple plus the address, if they are different.

2. Reference is your reference, if you made the bank transfer and put a reference in there, use the same on the application form.

Who registered the T's death? as usually when someone dies, you can use the "tell us once" service which then notifies all the relevant gov. departments.

Thanks for your advice.
Do you know if it's sufficient to just put the name and address of one landlord on the Notice to Quit that is sent to the property, even if there are joint landlords? Can't seem to get clarity on that, so for safety we were intending to list all names and addresses. But there is insufficient space to mirror that on the NL1 form.

The payment reference makes perfect sense, thank you.

Sadly we don't know the full details regarding who registered the tenants death. But if they had used the 'tell us once' service, would it necessarily inform the Office of the Public Trustee? The reason we understand we should take the NL1 route for a Notice to Quit is because the tenant died either without a Will, or an Executor who is legally responsible for processing the Estate. On the Government website for the Public Trustee it makes it clear that the tenancy doesn't expire on death and due process must take place to formally cease the tenancy.

I'm sure the process would be easier if the tenant had someone willing to act on their behalf, but sadly that's not the case.

Thanks again for your help and if there's anything else you think of that we should be aware of, that would be great.

All the best

[KTC]

But if they had used the 'tell us once' service, would it necessarily inform the Office of the Public Trustee?

Yes, send the notice to the Public Trustee along with the fee.

[ash72]

I would keep both documents in sync, the NTQ and the NL1 form, that way there's no issues, since they don't ask for a Tenancy agreement. I would also start the clearing up of the possession's and box them up for the time being.

I think it's easier when you don't have a grieving relative or friend that you don't know, and have to explain to them to surrender the tenancy.