Tenant dies

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  • Tenant dies

    Hello,

    I am landlord of a flat that has had a tenant in the property since 2003, call her TenantA.

    6 months ago TenantA wanted the tenancy to pass to her sister who was critcially ill, for benefit purposes. I sent out a new tenancy agreement for TenantB, and TenantA effectively 'moved out'.

    Last month TenantB died. TenantA is still living at the property and I now have to send an agreement out again in her name.

    Does this agreement have to start from the date of death of TenantB?

    What else do i need to do?
    Do I need copies of death certificates etc...?

    Any help is greatly appreciated

    T

  • #2
    I shouldn't worry, as tenant B never took up residence and is now unlikely to you can just forget the agreement. The new agreement with Tenant A can start from whenever you both like. Up to this date tenant A remains on a statutory perodic tenancy.
    The board experts will correct me if I am wrong!

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      For your intents and purposes, P Pilcher is correct, but if the tenant B ever got into the housing benefit system as a new claim and tenant A discontinued, then tenant A will need a new agreement and a re-set up of her claim again afresh.

      For that purpose, you might need to prove what has gone on so that HB office do not think it is a fiddle!

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      • #4
        Too right I'm going to correct you!

        I am landlord of a flat that has had a tenant in the property since 2003, call her TenantA.

        6 months ago TenantA wanted the tenancy to pass to her sister who was critcially ill, for benefit purposes. I sent out a new tenancy agreement for TenantB, and TenantA effectively 'moved out'. Did tenant 'B' sign complete and return to you a new tenancy agreement - you haven't said.

        Last month TenantB died. TenantA is still living at the property and I now have to send an agreement out again in her name. Not unless the above happened!

        Does this agreement have to start from the date of death of TenantB? If you expedited a new agreement with the tenant who died and her sister remained in residence, then you have 12 months to decide what to do without creating a new tenancy and the rent is still payable to you by the surviving sister. You can then decide whether you want to offer the surviving sister a new tenancy, or if she wants to move out. It might be pertinent to ask her sister if the deceased has a solicitor dealing with the estate if you think you might have any financial claim on it!

        What else do i need to do?
        Do I need copies of death certificates etc...?
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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