....
Just being sister doesn't mean she is the personal representative / executor.
No....
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Latest Topics
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by ConMy 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...
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Channel: Residential Letting Questions
15-01-2021, 16:24 PM -
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by jpkeatesNot 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 -
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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 -
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by jpkeatesI 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 -
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by ezusI 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 -
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by ezusjpkeats, thank you for your response. How can I clarify what is temporary and was is long term?...
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Channel: Residential Letting Questions
18-01-2021, 13:45 PM -
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by KTCFor 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...
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Channel: Residential Letting Questions
18-01-2021, 13:43 PM -
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by jpkeatesYou 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 -
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by jpkeatesI'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 -