Tenant Dies

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  • Tenant Dies

    We have several properties let as AST, all with 12 month terms.
    In one property, the Tenant has unfortunately died. The tenancy was in his sole name.
    However, his daughter claims that she has been living with him in the property and wishes to occupy the property until the end of term.
    A colleague has met the young woman, and she does not seem to have an means of paying the rent of £650 per month.
    Can we evict her ?
    Leslie Hardy

  • #2
    There is no succession right to an AST but out of decency where a relative has lived with the tenant for some time, you ought to give them some small space to get sorted out before evicting her. It will in any event take a while to start the eviction process, so why not see if she can come up with the rent (with HB/LHA assistance if need be) in the meantime.

    This is preferable in my opinion than taking out a court order to evict a recently bereaved person - I appreciate there is no sentiment in business - but in conscience - I would not do it unless there were already serious arrears or an overriding reason (i.e. attempted deception about living there etc.)


    • #3
      When a tenant dies, if anyone living with them wants to stay there, you have 12 months in order to consider if you want to give any occupant a new AST. In the meantime you can collect rent until you decide what you want to do without creating a tenancy. You must make sure however that the doughter was in fact living there prior to his death although she was never a tenant. You don't need to issue any formal documentation to her to verify her occupation of the property; indeed you shouldn't.
      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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