T dies; effect of death on Letting Agreement?

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    #16
    Thanks for the advice guys... not a nice situation to be in. I have again spoken to the family from the advice of my father I have asked for details of the solicitor who is dealing with the deceased estate. Now I have spoken to the solicitor I now am in a much better situation. Basically they have until the end of the month to clear the house with her possesions and hand any sets of keys back to me or else the deposit will be used to pay for another months rent. Also I will be using the money from the deposit to get the locks changed and get the house professionally cleaned. I must forward all receipts for the locks and cleaning to the solicitor with a cheque for the remaining balance of the deposit (if any). I have been told only to deal with the solicitor from now on and not with the family directly which to be honest suits me fine as I know everything will be handled properly.

    And yes, it really wound me up that all they were bothered about was the money, they didn't even inform me about the death even when they had my details, it was only a friend who lived in the same street that informed me about the situation... what made it even worse was I was in the local having a quiet pint when the family walked in and started hassling me for the money. I quickly drank up and left.

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      #17
      Death of T during fixed-term tenancy or SPT

      A tenant of ours in a property we manage has apparently died. This is not surprising, as he has been in and out of hospital for over a year, and when I saw him in October I thought he was approaching the end of his days.

      We had a phone call earlier this week from Housing Benefits to tell us he had died on December 8th, and that benefit would stop from this date, and in today's post we had a letter from them saying benefit has been suspended "pending further enquires" and that we should arrange for the tenant to make payments direct (a boiler-plate letter, obviously!!).

      As far as we know the chap had no relations. He also had almost no assets (unless his mattress is stuffed with £20's - he had no bank account).

      The owner now wants to enter, clear, refurb and relet asap.

      I have been looking at my notes and reference books, but this area is rather sketchy.

      We have no evidence he has died - HB might have been misinformed. If he had died, I would have thought that Social Services would have been in touch by now - particularly as a fortnight has past. Firstly for any information we might have and also for access to see if he had any paperwork that might reveal a relation or funds to offset the cost of his funeral.

      Nothing has been heard from anyone other than the phone call above.

      If the place is entered and cleared, and he is still alive, it will be unlawful eviction. If he's dead, then what about his effects?

      Comments would be most gratefully received.
      On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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        #18
        You will certainly be protected from "unlawful eviction" by the HB office advising you that the tenant is dead. They tend not to make jokes about this, but to be on the safe side - get the notification confirmed in writing specifically saying thatthe tenant deceased on - date.

        You then need to do some investigation. Ask the local registrar of BDM - they should be able to tell you who reported the death to them or maybe pass a message on. Pick up the phone to Social S and say you are calling them to liase for access to the property so they can search it for any evidence of burial funds or relatives - you now have ready made witnesses to protect any accusation of impropriety viz. the goods.

        As to clearing the premises - once you are absolutely sure that he is dead and that thee is no successor likely to the tenancy, then clear the premises. Having done everything reasonable you will now be protected on the civil side against a claim for unlawful eviction (patently as there is nobody to make a complaint!!!!!)

        Keep the goods for at least six months, and deal with them under the uncollected goods (torts) regulations which you can google for on here.

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          #19
          When a tenant on HB dies the HB have to pay to the end of the week which i think is the sunday as he "died" on saturday you should get at least one more day out of them.

          I had a tenant (3 actually over 3 months) die on the wednesday and the council were only going to pay up to day of death until i quoted the housing act and got payment to the end of the week.

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            #20
            It seems to me that if the tenant died on Wednesday and johnboy correctly got the HB office to pay until the end of the week (i.e. Sunday), that would equate to half of the weekly rent due. So its somewhere between £40 and £50 extra on average weekly rents - worth having - would you willingly throw that amount of money away?????

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              #21
              Doesnt matter how little it is, if your intitled to it take it. The council are far to quick to try and claw back from us due to overpayment because it is sometimes easlier than getting off the tenant.

              My local council dont know their arse from their elbow at times

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                #22
                I thought the question was directed at whether it was legal for the owner to enter the premises for the purpose of clearing it,refurbing and re-letting it,without first having verification in writing from HB..Social Services etc.
                Not about how much money you can make out of this poor persons death....talk about compassion.
                Just another example of the "greed culture"we live in.Hardly had time to go cold before the vultures start circling.God help us all!!!Some LL's and LA's truly deserve their dreadful reputations.

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                  #23
                  Originally posted by johnboy View Post
                  When a tenant on HB dies the HB have to pay to the end of the week which i think is the sunday as he "died" on saturday you should get at least one more day out of them.

                  I had a tenant (3 actually over 3 months) die on the wednesday and the council were only going to pay up to day of death until i quoted the housing act and got payment to the end of the week.
                  Interesting point John, do you know whereabout in the housing act it says the money is paid until the subsequent Sunday, please?

                  I have never heard of this before!

                  Comment


                    #24
                    It is in the council housing regs not the housing act (sorry)
                    I will dig out the full details monday and put it on this thread

                    Comment


                      #25
                      Thanks for the information.

                      I spent quite some time on the phone to various local Registrar's Offices (we are borderline for 2 others as well as our unitary authority's one) also the coroners office etc. As yet nobody knows anything.

                      I managed to get Housing Benefits to provide the source (difficult as they were quoting the DPA - as usual). It was a social worker. Calling them found out that he died in hospital and also that he died on the 14th - not the 8th as I was told originally, and when benefits have been stopped from.

                      Originally posted by johnboy View Post
                      It is in the council housing regs not the housing act (sorry)
                      I will dig out the full details monday and put it on this thread
                      I'd appreciate that. Looks like they will owe the owner some money.
                      On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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                        #26
                        Have just checked they should pay up to the sunday of the week the tenant dies in accordance under Regulation 79 (1) of the Housing Benefit Regulation 2006

                        Hope this helps

                        Dave

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                          #27
                          Death Of A Tenant

                          A friend of mine, a fellow landlord has had a tenant die. The tenant was on an AST, and it had lapsed into a monthly periodic tenancy.

                          The deceased's family clearly have other things on their mind at present, and emptying the property of his belongings are not foremost in their thoughts. Which is understandable.

                          However, whilst a degree of leeway & consideration will be allowed in this matter, clearly the landlord needs his empty property back asap in order to re-let it, as due to no fault of his own he is losing rent on a daily basis.

                          Any thoughts on the best course of action?

                          Comment


                            #28
                            Serve s.21(4)(a) Notice, if not already done.
                            Invite PRs to surrender (with fully vacant possession) earlier so as to end rent liability of Deceased's estate.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

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                              #29
                              So the landlord has a claim against the estate of the deceased for lost rent and/or damage to the property then?

                              Would the S21 be addressed to 'The executors of Mr xxxxxxxxxxxxxxxxx'?

                              Comment


                                #30
                                Originally posted by jghomer View Post
                                So the landlord has a claim against the estate of the deceased for lost rent and/or damage to the property then?

                                Would the S21 be addressed to 'The executors of Mr xxxxxxxxxxxxxxxxx'?
                                Yes, but it's not "lost rent"; the existing rent runs until the tenancy ends, one way or another. The Deceased's estate is liable for it and any damage for which a live T would have been liable.

                                As to addressee of Notice, which should be served at T's last known address (probably the property itself), it is more accurate to show "Personal Representatives of X". They might be executors or administrators, depending on whether there is a Will and- if there is- whether the people whom the Deceased nominated as his/her executors:
                                a. survived him/her; and.
                                b. actually take out Grant of Probate.

                                If a large amount is at stake, or if delays/ other problems are likely, L should also serve a copy of the Notice on The Public Trustee.
                                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                                4. *- Contact info: click on my name (blue-highlight link).

                                Comment

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