T dies; effect of death on Letting Agreement?

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  • Buckley
    replied
    AST Due end within one week and tenant has died

    Hoping someone can help, have read through many of the other topics in relation to death of a tenant but none of them cover when to lease is due to expire which is in less that a weeks time.

    My question is what happens, the tenant resided in the premises on his own however over the last few months he has given many friends and family a set of keys, I lease the whole of the premises and sublet the flat to him 5 years ago, i do not make any money on the premises as it was done purely to maintain the noise levels from the flat , he paid two weeks deposit and whilst i am sympathetic of what the family is going through as we had it earlier this year we also cannot afford not to have the property let. What happens next week when the lease has expired do we change the locks and who is responsible if friends who he gave the keys to take things from the premises. If the lease is expired would that mean if anyone decided to move in who has keys whilst no agreement is in place they would have squatters rights


    Obviously we want this to be amicable with the family as the tenant himself was a lovely person, however i want to give them time to deal with it but also need to know what rights we have.

    Claire

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  • jeffrey
    replied
    And my previous posts on this merged thread apply equally to post #86.

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  • Moderator1
    replied
    Several largely similar questions on separate threads have been merged into this thread.

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  • jeffrey
    replied
    Well, no-one is compelled to reply; and even the PRs cannot lawfully reply unless:
    a. they are named as Executors (in T's Will); or
    b. they have obtained a Grant of Letters of Administration.

    But, once the Notice period has elapsed, you can apply to Court for possession.

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  • mind the gap
    replied
    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).

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

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  • jools63
    replied
    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?

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  • mind the gap
    replied
    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.

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  • jools63
    replied
    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

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  • jeffrey
    replied
    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.

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

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  • barretts
    replied
    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?

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  • jeffrey
    replied
    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.

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  • morpeth
    replied
    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?

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  • subjecttocontract
    replied
    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.

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