T dies; effect of death on Letting Agreement?

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    #31
    My advice from personal experience - deal with it compassionately - deal with in the way in which you would wish to be dealt with yourself if you were the bereaved.

    Contact the personal reps. Offer to help in practical ways by storing the deceased's effects or helping them clear the house (or employ someone if you cannot do it personally) Stress gently your need to get the house re-let but at the same time don't set timetables or impositions - let them at least get the funeral out of the way first!

    Don't serve notices unless you really have to - it will put the relatives backs up and it might just cause them to slow things up particularly if the estate is insolvent. A little thought and sincerity goes a long way!!!!

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      #32
      Death of tenant- effect?

      Hi all

      One of our tenants has sadly passed away. He was a sole tenant on a Statutory Periodic tenancy.

      As daft as this may sound, Im really not sure whether I need one of his family members to serve notice to end his tenancy? The tenants possessions are still in the property and we have not yet received keys from the relatives.

      His family have advised that there is no money to pay any additional rent. I understand that the estate takes over and pays rent in these circumstances, and I know that the landlord will expect every penny that he is owed – if no money is forthcoming does the landlord have any legal right to pursue the relatives or estate for any additional rent?

      Thank you in advance

      Comment


        #33
        Serve 2 months notice (S21), arrange with whomever is given probate to clear the flat and if you feel its worth it then pursue the estate (if there is any money) for outstanding rent.

        I'd just let it go if I were you.

        Comment


          #34
          fallenlord: when did tenancy begin? This will define which Act governs it and what succession rights may exist.
          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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            #35
            thanks Jeffrey. The tenancy started in May 1996.

            Sportingdad - good advise, although in this situation there is no doubt the tenant has passed away.

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              #36
              My understanding is that rent is due and payable until the administrators of the deceased's estate part with possession.

              After all, they may need to spend some days/weeks sorting and clearing effects and going through all paperwork to see if there are any unknown bank/building society accounts, or even hidden cash.
              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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                #37
                The estate thing may take a while if there is no will. My partners dad died very suddenly 18months ago and as yet his estate is not tied up. There is some confusion between my partner and his sister. So it is dragging on.

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                  #38
                  TA began in May 1996

                  Was a s.20 notice served?

                  What do the family and the LL want to do?

                  If both just want to get rid of the TA and move on asap, then surrender is probably the best option.

                  As to whether they can do so at this stage, I cannot advise, as I have no expertise in administration of estates and so on
                  Health Warning


                  I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                  All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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                    #39
                    Nothing, at this stage, hinges on whether it was an AST (preceded by s.20 Notice) or an SAT.
                    Surrender is quickest way to end the Estate's liability for rent, if L accepts it.
                    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


                      #40
                      Yes, a section 20 was served.

                      The landlord wants to ensure that all money that may be owed to him is paid. The deposit will cover some of this, although much will be used to pay for the removal of furniture (relatives live away and insist they cannot do this). The family want to end the tenancy asap, although they still hold keys. Only thing is Im not entirely sure how much will be owed to landlord - does the tenancy and rent obligations cease on the day the tenant died, or does a months notice to quit still need to be submitted by the tenants relatives/estate?

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                        #41
                        Originally posted by fallenlord View Post
                        Yes, a section 20 was served.

                        The landlord wants to ensure that all money that may be owed to him is paid. The deposit will cover some of this, although much will be used to pay for the removal of furniture (relatives live away and insist they cannot do this). The family want to end the tenancy asap, although they still hold keys. Only thing is Im not entirely sure how much will be owed to landlord - does the tenancy and rent obligations cease on the day the tenant died, or does a months notice to quit still need to be submitted by the tenants relatives/estate?
                        Tenancy survives T's death (unless, unusually, it states that such death terminates it without Notice). Personal representatives need:
                        a. to be empowered to act at all (e.g. appointed as Executors by T's Will OR appointed as Administrators by Grant of Letters of Administration); and either
                        b. to serve one month's Notice to terminate, just as T could have done once fixed term expired; or
                        c. to surrender early.
                        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


                          #42
                          Originally posted by jeffrey View Post
                          Nothing, at this stage, hinges on whether it was an AST (preceded by s.20 Notice) or an SAT.
                          Surrender is quickest way to end the Estate's liability for rent, if L accepts it.
                          Not at this stage, but whether or not service of a s.21 notice is possible is certainly something that needs to be in the back of everyone's minds - especially for the LL if rent is not forthcoming, but arrears never quite reach ground 8 levels.

                          Surrender, I had already covered........
                          Health Warning


                          I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                          All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                          Comment


                            #43
                            Originally posted by jeffrey View Post
                            a. to be empowered to act at all (e.g. appointed as Executors by T's Will OR appointed as Administrators by Grant of Letters of Administration);
                            But what if the assets in the estate are minimal - a cut-off figure of £5K rings a bell - and the closest relatives do not wish to go to the expense of getting appointed as Administrators?
                            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.

                            Comment


                              #44
                              If there ARE assets but the Estate of the Deceased (D) remains unadministered:
                              a. the [temporary] role of PR passes to The Public Trustee; but
                              b. I think that D's creditors can seek a limited Grant of Letters of Administration, either from High Court or by arrangement with P.T.- you'd need a Probate expert's advice on this.
                              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


                                #45
                                AST- terminally ill tenant- effect of her death on AST?

                                I am a LL myself but cannot answer these questions.
                                My nephew's girlfriend is renting with an AST for 12 months since 30th March 2007, which is now well beyond 12 months. She is renting alone, they do not live together however my nephew is a guarantor for her.
                                Unfortunately, his girlfriend is terminally ill and isn't expected to be here for very much longer (could be within next couple of weeks or even days). The LL states that he required 2 months notice to terminate even if she passes away within this period my nephew will be responsible for payment. I have read the contract and fail to see anything regarding notice periods for T to LL.
                                My questions:
                                1) Is 2 months notice required by law?
                                2) Is my nephew repsonsible for any outstanding monies once she has passed on?
                                3) There is outstanding rent at the moment but this can be paid, although my nephew does not trust LL and would rather the deposit be used to pay arrears, no damaged caused to property.
                                Thank you.

                                Comment

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