Residential Letting Questions

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Sticky: L's right of access for inspection or viewing? by Lawcruncher Started by Lawcruncher, 08-03-2010, 15:27 PM	547 responses 211,492 views 1 like	Last Post by jpkeates 01-12-2020, 13:56 PM
Closed, Sticky: Tenancy Guarantees by Lawcruncher Started by Lawcruncher, 03-01-2016, 12:16 PM	58 responses 8,392 views 1 like	Last Post by Moderator2 12-08-2020, 13:29 PM
Sticky: Judgment Enforcement Options by vicks Started by vicks, 10-05-2012, 18:25 PM	51 responses 37,264 views 4 likes	Last Post by jpkeates 31-07-2020, 15:21 PM
Closed, Sticky: Useful information which may be requested from new posters by Moderator2 Started by Moderator2, 20-10-2014, 06:54 AM	0 responses 16,566 views 0 likes	Last Post by Moderator2 20-10-2014, 06:54 AM
Closed, Sticky: Using grounds under Schedule 2 to the 1988 Act by Moderator1 Started by Moderator1, 15-11-2010, 10:53 AM	0 responses 24,758 views 0 likes	Last Post by Moderator1 15-11-2010, 10:53 AM
Change of Plans, tenancy. Furnished? by Twohoots Started by Twohoots, 01-11-2020, 10:14 AM	7 responses 128 views 0 likes	Last Post by DPT57 02-11-2020, 12:33 PM
Damage dispute by Lonat Started by Lonat, 31-10-2020, 21:18 PM	4 responses 143 views 0 likes	Last Post by theartfullodger 02-11-2020, 11:55 AM
Name of the landlord, section 21 and universal credit by Qcz2828 Started by Qcz2828, 02-11-2020, 00:06 AM	10 responses 136 views 0 likes	Last Post by theartfullodger 02-11-2020, 11:46 AM
What are my chances? - Homelet by Cattee20 Started by Cattee20, 01-11-2020, 14:22 PM	5 responses 208 views 0 likes	Last Post by doobrey 02-11-2020, 10:03 AM
Circumstances by Peter61 Started by Peter61, 01-11-2020, 21:22 PM	4 responses 119 views 0 likes	Last Post by theartfullodger 01-11-2020, 22:25 PM
Potential Joint-Tenancy Problem - Any Tips? by LeeMac Started by LeeMac, 01-11-2020, 12:00 PM	5 responses 92 views 0 likes	Last Post by AndrewDod 01-11-2020, 21:05 PM
Courts, possession claims and the lockdown by Perce Started by Perce, 31-10-2020, 21:07 PM	6 responses 148 views 0 likes	Last Post by Perce 01-11-2020, 10:48 AM
deposit not secured by fmST1 Started by fmST1, 31-10-2020, 09:52 AM	5 responses 126 views 0 likes	Last Post by jpkeates 31-10-2020, 12:37 PM
Improvement notice by Michelle13 Started by Michelle13, 27-10-2020, 20:47 PM	13 responses 373 views 0 likes	Last Post by AndrewDod 31-10-2020, 12:35 PM
Landlord opening ex-tenant's post by DanielM Started by DanielM, 28-10-2020, 10:30 AM	46 responses 1,074 views 0 likes	Last Post by 45002 30-10-2020, 19:06 PM

Reply to My tenant has passed away and their son isn't leaving the property

by KTC

....

Just being sister doesn't mean she is the personal representative / executor.

No....
- Channel: Residential Letting Questions
18-01-2021, 14:06 PM
My tenant has passed away and their son isn't leaving the property

by Con

My tenant has passed away and their son isn't leaving the property. Their tenancy runs out at the end of January. I knew the son was staying there as a carer for my tenant. The son's sister told me that the son would not sign the tenancy. The son was looking after the utility bills and had them in...
- Channel: Residential Letting Questions
15-01-2021, 16:24 PM
Reply to My tenant has passed away and their son isn't leaving the property

by jpkeates

Not as far as I know.

Yes, definitely.

If the sister is an executor, yes to the first. But no one else can be made personally liable for the deceased's debts other than the estate. It would take a new tenancy to make someone liable for rent....
- Channel: Residential Letting Questions
18-01-2021, 14:05 PM
Reply to My tenant has passed away and their son isn't leaving the property

by Flashback1966

How was the rent being paid? Was it via housing benefits? Don't the council pay for a period after the claimant has passed away? Or did she have savings / pensions? Did you reference her?

> The tenancy is part of the deceased's estate and will continue until it is ended (it won't...
- Channel: Residential Letting Questions
18-01-2021, 13:58 PM
Reply to Lodger in main residence by planning to stay short term in another residence?

by jpkeates

I don't know.

You'd have to look at actual decisions in cases, and I don't really know where you'd start.
The cases where this would be a factor are usually not reported in detail, and a judge would probably pretty much decide on the spot.

https://landlordlawblog.co....
- Channel: Residential Letting Questions
18-01-2021, 13:52 PM
Lodger in main residence by planning to stay short term in another residence?

by ezus

I Currently have a lodger, who plans to stay with me long term, in my (only) main residence.
My parents have offered me to stay in their second home for a temporary period due to my mental health and struggling with life in the city.
I would classed as an excluded occupier in the residence...
- Channel: Residential Letting Questions
18-01-2021, 13:06 PM
Reply to Lodger in main residence by planning to stay short term in another residence?

by ezus

jpkeats, thank you for your response. How can I clarify what is temporary and was is long term?...
- Channel: Residential Letting Questions
18-01-2021, 13:45 PM
Reply to My tenant has passed away and their son isn't leaving the property

by KTC

For the periodic tenancy to arise under s5, the fixed term tenancy that is ending needs to be assured. For a tenancy to be and remains assured, the tenant needs to occupies the dwelling-house as his only or principal home. Many personal represenative / administrator / executor would not be living at...
- Channel: Residential Letting Questions
18-01-2021, 13:43 PM
Reply to Lodger in main residence by planning to stay short term in another residence?

by jpkeates

You wouldn't be an excluded occupier unless your parents live in the property you are moving into.
If you're not paying rent, you'd simply be a guest.
If you are paying rent, you'd be a tenant.

You are allowed to move away temporarily without your lodger becoming a tenant....
- Channel: Residential Letting Questions
18-01-2021, 13:31 PM
Reply to My tenant has passed away and their son isn't leaving the property

by jpkeates

I'm not sure either.

I think a periodic tenancy will arise, because s5 of the Housing Act lists what stops it from happening, and dying isn't on the list. So because the tenancy is automatically part of the deceased's estate, I think the estate is entitled to remain in possession (even...
- Channel: Residential Letting Questions
18-01-2021, 13:28 PM

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