T dies; effect of death on Letting Agreement?

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    #76
    Can I just make a few points on this thread.

    I looked after our tenant beyond a normal tenant/landlord relationship. I used to get shopping in for her and also chased up the water company as she had overpaid her bill as an example.

    I contacted her friends and family to say that I thought she needed some home help or possibly sheltered housing but they didn't sort anything out.

    My wife and I had lost our 19 month old grandson and had to visit our son and partner so we were not able to stay to help out other than to call for the ambulance and get her admitted to hospital.

    With regard to clearing the property the family had a house clearance company in. Unfortunately as we were away they also took some of our property which was on the inventory.

    This was not meant to be a cynical post but merely a technical point for clarification.

    Comment


      #77
      Thank you all for your interest.

      Can I say I never had any intention to pursue anyone for any money.

      I was just trying as a "newbe" to get an understanding of the legal position.

      May I also say that the lettings agent didn't tell me how old the tenant was!!

      I only found out when they asked me to call in to see the lady as she reported that all the lights had gone out. (When I got there the bulb had gone in the lounge which appeared to be the only room she used)

      I have no wish to cause any friction between people who have been kind enough to reply.

      Kind regards

      Dave

      Comment


        #78
        Originally posted by davidjohnbutton View Post
        When a tenant dies, that in itself does not automatically end the tenancy on the date or day after death. If there is no successor entitled to take on the tenancy, then the power to end the tenancy vests in the executor of the will and that person can then give the required notice to end the tenancy and also recover the deposit which will go to the estate*.

        Rent continues to be due and payable until either the required notice period has been given and expired or if executor/relatives and landlord agree, until the property is cleared. Thats the law
        Yes. Also note that, once T has died, the letting that is still in force ceases to be an AST: the property is no longer T's only/main residence.
        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


          #79
          Death of tenant who paid years rent in advance?

          We have a tenant who paid a years rent in advance and we heard yesterday that she has died with three months of the tenancy to run.

          She was a sole tenant. Where do we start?

          Comment


            #80
            Contact the family, introduce yourself and inform them that the deceased belongings are in your property. In due course they should retreive those items by arrangement with you.

            Comment


              #81
              Have an address for her son/daughter where she lived temporarily previously so we've popped them a card and letter.

              Where do we stand with the money she paid in rent?

              When does/did her tenancy end?

              Comment


                #82
                The tenancy ends when the year ends (and her rent liability runs until then) unless- by then- there are duly appointed Personal Representatives who negotiate with you an earlier surrender (and vacating the premises of all goods of the Deceased). If the premises still contain those goods at the year end, the Estate is liable as a trespasser- no SPT arises once T is no longer in occupation of only/main home.
                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


                  #83
                  Death of sole tenant under AST

                  Unfortunately a tenant has died in the first two months of 12 month AST. They paid six months rent in advance. Can the account be charged upto a new tenant is found and the reasonable reletting costs although fault on the tenant themselves?

                  Comment


                    #84
                    The tenancy is still running, albeit not as an AST (no-one's only/main home now). So, yes, you can.
                    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


                      #85
                      Originally posted by jeffrey View Post
                      The tenancy is still running, albeit not as an AST (no-one's only/main home now). So, yes, you can.
                      And also see the preceding posts, apparently merged from other threads, which provide further guidance.
                      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


                        #86
                        Death of tenant - no family or friends it seems - what do I do?

                        Hi there,

                        I have found a few references to deceased tenants in this forum but was hoping someone could look at my specific query please as I just don't know what to do.

                        I am the LL and have a sole tenant in the property who was on an AST but it has gone statutory periodic for over a year now. Apparently he died on the 23rd of September but the first I heard about it was yesterday when I received a letter from the LA saying his HB had been cancelled from that date and demanding repayment from me. (the HB was paid directly to me as he couldn't handle his own financial affairs)

                        The tenant had no family or friends and now I have a flat full of his possessions that I have no idea what to do with. I don't even know who found him or when the funeral was etc. The Managing Agents know nothing either.

                        Does the Council have any responsibilty at all to clear the place out or if it is mine, what do I do with his things? I need to get in and refurbish the place as he was a heavy smoker and I know he didn't look after the place well, so that I can rent it out again as I am losing money every day. I am going up with a locksmith later to gain access to see the state of play.

                        Any advice you could give would be much appreciated

                        Julia

                        Comment


                          #87
                          No, the council has no responsibility for clearing the property - why should they have? It's your property. And you will, I'm pretty sure, have to pay back any full weeks' HB/LHA payment relating to the period after his death. Check with the LHA dept - or post the query in the LHA forum further the list of forums on this site.

                          You need to find out who is the Personal Representative for the T's estate. It might be worth contacting local funeral directors and explaining your predicament in case they are willing to tell you whether they conducted the funeral and if so, put you in touch with the person who organised it. Otherwise, I'm sure one of the solicitors on the forum will be able to advise about procedure.
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #88
                            Hi there, thanks for that. Ok so I have to clear the flat out but what do I do with his things? I live in a city with a population of over 300,000 so phoning funeral directors is not an option as there are hundreds. Would I put it in storage and then claim the costs from his estate in due course?

                            Comment


                              #89
                              Serve precautionary Notices [s.8/s.21 and common-law NTQ] on 'Personal Representatives of T' at the premises.
                              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


                                #90
                                Originally posted by jeffrey View Post
                                Serve precautionary Notices [s.8/s.21 and common-law NTQ] on 'Personal Representatives of T' at the premises.
                                Then what? (I mean, if nobody responds to the notices).
                                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                                Comment

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