Joint tenancy - death of one tenant

LydiaJ

Several years ago, my husband and I moved into a private rented house with our children. We signed a joint AST, which became periodic 6 months later. Three weeks after we moved into the house, he left me, and moved out to another rented house in a nearby town. He continued to pay my rent for several years (this was his contribution to me and the children - instead of maintenance) and recently switched to paying me maintenance (slightly less than the rent) and I have paid the rent myself since. All rent payments have always been on time, and I have a good relationship with the LA.

Not long after he left, I informed the LA and asked if I should change the tenancy to my sole name. They advised not - the helpful bloke at the LA said if I did that I'd need a new credit check etc, and might not pass the income requirements on my own (although my credit score is excellent). Besides, he said that leaving my husband on the tenancy would be a good way of getting money out of him if he became difficult and stopped paying (which never happened).

Last month my husband was killed in a road accident. Financially, I am OK for 6 months - his pension will pay me his salary. After that I won't have the income to afford the rent without eating into my lump sum, so my plan is to use the pension lump sum and life assurance to buy a house. I don't want to be rushed into buying until I find the right house, though, and I don't want to be chucked out of my current rented house in the meantime.

When I tell the LA what has happened, will they need to issue a new AST? I don't want to be stuck here for 6 months if the right house to buy comes up before then, so I'd much prefer to stay on the periodic tenancy. Will they refuse to let me stay if I can't prove that I meet their income requirements? Can I get them to assess my income including the pension, even though it only lasts 6 months?

Any advice and information would be much appreciated.
Thanks.

zzzLazyDaisy

Other more informed people will be along shortly, but I'm not convinced you actually have to tell the LL anything, certainly I wouldn't say anything in your shoes, especially bearing in mind that you are thinking of buying - But I am happy to be corrected by people who know better than me.

BTW I know he was an ex, but I am sorry for your loss.

Pitlanepiglet

I'm also sorry for your loss.

I wouldn't tell the landlord, just continue to pay the rent and keep quiet.

Hopejack

Sorry for your loss, as he was an ex, in particular for your children.

I would have thought the fact that he has died would make his part of the TA null and void anyway so I'm not sure I'd say anything tbh. Particularly if you are looking to move out once you find a house, as, as you say, you will need to sign up for another 6 months on a new TA. If you know you can afford the rent then that's fine.

Hope you find the right house for you soon. Good luck.

LydiaJ

Thanks everyone.

I can see that keeping quiet makes sense. Is there any way it could come back to bite me later? Am I actually under any obligation to tell them?

Pitlanepiglet

No, I don't think there are any issues. As Hopejack says the tenancy agreement will fall away against your ex on his death and you will become the only remaining tenant. You aren't doing anything wrong and it can't come back and bite you on the bum. Hope you find somewhere nice to buy. x

theartfullodger

Sorry for the loss:

Shelter has lots to say here...
http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/finances_after_a_death

Do you know who his executor(s) is and what is happening with the estate?? I guess they might be writing letters or trying to do something...

Think the Landlord will eventually find out & if you don't tell him will think it odd you didn't...

I'd ask for advice from CaB or Shelter on this...

I don't think you need a new AST - I think it becomes just you - but you might want to suggest a new one to make sure all the paperwork is clear and simple...

Hope things get better & good luck buying: Probably to good time to buy and something positive to think about...

Cheers!

Lodger

LydiaJ

theartfullodger wrote: »

Sorry for the loss:

Thank you - and thank you to everyone else who's said the same. It's a bit overwhelming.

theartfullodger wrote: »

Shelter has lots to say here...
http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/finances_after_a_death

Thanks - that's very helpful. The Shelter site says:

What if it was a joint agreement?
As joint tenants, you and the person who died had exactly the same rights and were equally responsible for paying the rent and keeping to the terms of your agreement. This means that if one tenant dies, the remaining joint tenant(s) automatically take over the whole tenancy.

So that sounds as if it's OK for me just to carry on paying the rent. I was still legally married to him, too, even though we'd been separated for quite a long time, so this bit might be relevant too:

Assured tenancies can normally be passed on to a spouse, civil partner or cohabiting partner if the property is that person's only or main home and there has been no previous succession.

It doesn't say anything about them having the right to recheck me for income.

theartfullodger wrote: »

Do you know who his executor(s) is and what is happening with the estate?? I guess they might be writing letters or trying to do something...

I'm the executor, and the only beneficiary of the will. There's a solicitor dealing with the estate, but I don't think it will occur to him to do anything about my house unless I tell him to. He's dealing with the LA for the house my husband was actually living in, but that's in a different town.

theartfullodger wrote: »

Think the Landlord will eventually find out & if you don't tell him will think it odd you didn't...

I'd ask for advice from CaB or Shelter on this...

I might do that. Thanks for suggesting it.

theartfullodger wrote: »

I don't think you need a new AST - I think it becomes just you - but you might want to suggest a new one to make sure all the paperwork is clear and simple...

I'm afraid it might open a can of worms. Unless they're willing to include my initial six months of income from his pension, then I won't pass their income requirements, although that wouldn't be the end of the world because my family know that I can and will pay the rent, so any of them would be willing to be guarantor. It's more of a problem that I don't want to be tied down for another 6 months. With the property market as sluggish as it is at the moment, I want to have the flexibility to stay here for as long as it takes to find the right place to buy, but leave quickly as soon as I want to. Staying on the periodic tenancy suits me much better than getting a new AST.

theartfullodger wrote: »

Hope things get better & good luck buying: Probably to good time to buy and something positive to think about...

Cheers!

Thanks Lodger. Very helpful - as you always are! :T

silvercar

You can remain in the property. The laws are stacked in your favour, if the letting agent wanted to issue a new tenancy and credit check they would have to serve notice on you first. They would then need to go to court to secure an eviction order and then appoint baliffs etc. All this would take many months.

I would just be firm with the LA. Don't say anything and if queried tell him you know that you have the right to continue under the existing tenancy so there was no need to inform.

theartfullodger

Well said silvercar, I think that makes most sense!!!

Cheers!

Lodger