Deceased tenant

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    Deceased tenant

    Hi,
    I have a tenant who has passed away. The tenancy agreement was in hers and her son's name - legally to serve a S21 should I address the letter to her and her son anyway? Her son is over 18.

    #2
    Not much to go on.
    When dis T commence? For what duration? When did mother die? Why do want to serve s21?

    If you have been informed (proof) of mother's death, in writing pref, then son is sole surviving joint T.

    It can be seen as insensitive to serve Notice on any deceased person, causing distress.

    USA recently got bad press for sendiing call-up papers to recruits born around 1898 (someone forgot to set the database century filter)

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      #3
      T commenced 3 months ago, it's a 6 month AST. I haven't had proof of deceased - I don't want to ask for it, for sensitivity reasons. I've seen the son, who is very shaken and the mother's ex has called me out of the blue to deal with the mother's estate.

      The son is going off the rails, neighbours complain of his friends coming over, loud noise, drinking and smoking, plus he can't afford to pay the rent being a student. The father wants the son to move in with him, but the son isn't too keen.

      I want to serve a S21 with an S8 together to cover myself as at the end of the day I have a mortgage to pay and the banks aren't going to give me any concessions.

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        #4
        The son is now the sole tenant. Serve the section 21 naming him as tenant.

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          #5
          If it was me, I would go and talk with son and father and try to work out a solution face to face (probably that with father's help son agrees to surrender tenancy). Son needs to be gently made to realize that staying while not paying will result in a CCJ that might lose him place on his course.

          S21 can't take effect until end of fixed term by which point this situation could have escalated very badly (and dropping it on him in his fragile state could well be akin to applying a match to petrol - he and his beered-up mates might well decide to trash the place).

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            #6
            They've agreed to move out within 2 months and I've been given a letter by the mother's ex saying that, buhat it doesn't stand up in court - a landlord's rights are pretty flimsy at the best of times and I was after some form of guarantee that Id eventually get the property back, hence the S21.

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              #7
              Possibly true, but negotiation is always preferable to court action.

              So negotiate with father and son face to face, and also explain that you will be serving a S21 notice, as described by Lawcruncher. Explain that this is as a fail-safe, to be used in the event that son doesn't leave. Make sure you get the dates right.

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                #8
                I've spoken to the son and his father, they both previously mentioned they'd be out by early September and have put this in writing, however I'd still prefer to serve a S8 just in case - I already explained I'll be serving this to the father and son, both of whom have said OK. Moving furniture so far has been slow.

                The original tenancy named the mother and son, but the son never signed it. It also had a start date of the 4th of the month and an end day of the 4th after a 6 month period, rather than the 3rd - not sure how relevant that is and I hope it doesn't cause any issues.

                Im planning on simply sending a S8 int he son's name (2 months of missed rental payments have passed).

                If someone could recommend any landlord advice services in the South East of London, it would be great to hear them.

                Thanks

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                  #9
                  Who is Executor of mother's estate? ex partner?
                  Has probate been granted yet, if reqd?
                  Serve s21 on son as sole living , as LC suggests, but Executor is handling mother'e estate so serve duplicate to him addresses tp Estate of <deceased's name>

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