Gaining Access to Property After Tenant has Passed Away

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    Gaining Access to Property After Tenant has Passed Away

    A tenant of ours passed away in the property over 3 weeks ago and we still have not been given access.

    We are losing rent and have someone who is ready to move into the property.

    What would happen if we were to break the lock that has been put on by the police?

    We have already offered to put the belongings in storage and still nothing has been done

    #2
    Is the body still inside? Won't be nice with all this warm weather we've had.
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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      #3
      The first thing you need to do is to discuss ending the tenancy with the tenant's representatives.
      The tenancy did not end on the death of the tenant - so rent is still due and you are not losing anything.

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        #4
        In my experience relatives of the deceased are rarely willing to pay any more rent after the deceased has been removed from the property, understandably perhaps.

        Try to arrange a deed of surrender with whomever is responsible for the tenants estate. Do not muddy the waters by trying to chase the rent due since the death took place.

        I have been there and done that, got the T shirt etc. The quicker you can draw a line beneath it the better.
        I offer no guarantee that anything I say is correct. wysiwyg

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          #5
          PJackson,

          The tenant was on housing benefits and the rent was not paid for 4 months.

          i don't think there is any chance of getting the money as he does not have a next of kin

          What would happen if we broke the lock to get back into the property?

          We were also applying for possession just before the tenant passed away and I think we got possession from the court

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            #6
            Tenancy still continues until court order executed by bailiff. Illegal eviction is criminal. Go for deed of surrender & continue court process you say is under way.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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              #7
              Originally posted by Wannadonnadoodah View Post
              Is the body still inside? Won't be nice with all this warm weather we've had.
              Noo the body's gone, wouldnt be a pretty sight if it was still there

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                #8
                You wrote that you offered to put the belongings into storage so presumably you know who is handling the estate. You need to ask them to end the tenancy.

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