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4 weeks notice needed when you die?

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  • squinty
    squinty Posts: 573 Forumite
    I'm sorry for your loss.

    The information provided by the HA is correct - the tenancy does not end on death (technically it may change to a less secure tenancy but this makes no diference) and they do require 4 weeks notice. The notice period will be explained within the tenancy agreement.

    Referring back to the oiginal post, the HA have advised you that money is recoverable from the estate - this is correct. If there is an executor provide them with details, if not let them no there is no money in the estate.

    Assuming there is no executor, just send them a brief note to let them know there is no money left in the estate. That should be the end of the matter.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 29 July 2010 at 2:19AM
    devarty wrote: »
    I am in the middle of a similar problem. The flat was cleared within 2 weeks of the funeral - 3 weeks from death of parent.
    I read the tenancy agreement and it states four weeks notice. The letting agency said it was up to the accommodation manager.
    I'm almost too scared to approach the manager in case I am asked for four week's rent and service charges. That will be £600 on top of the rent owed to the week of the funeral.
    This puts too much stress on vulnerable families who may have already given up jobs to act as carers.
    I will let you know what happens.
    But if you'd mentioned it to them at the time you'd already be three weeks through the notice period and hopefully they'd be flexible towards you whist cutting any voids and reducing loss of rent to them allowing them to help someone else's parent get housing just as they helped your parent? Especially as you'd cleared the flat, surely you want someone else helped with housing which is going to take them a bit of time to organise so the sooner you give the notice the sooner they can do that?

    They won't ask you personally for the rent anyway it'll be from your parent's estate and even then they cannot get rent twice so when the flat is occupied by someone else the rent liability to your parent's estate should end.
  • Old_Git
    Old_Git Posts: 4,751 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Cashback Cashier
    local news paper always makes them squirm
    "Do not regret growing older, it's a privilege denied to many"
  • Old_Git wrote: »
    local news paper always makes them squirm

    That's evil, but I like it! :D

    I'm sure the local paper will have a least one journalist who has had a bad experience with a LL and will be more than happy to run with the story.
    "One thing that is different, and has changed here, is the self-absorption, not just greed. Everybody is in a hurry now and there is a 'the rules don't apply to me' sort of thing." - Bill Bryson
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    squinty wrote: »
    and they do require 4 weeks notice. The notice period will be explained within the tenancy agreement.


    I think death of one party to the contract null and voids the terms.

    IMO: The HA can ask for rent until the property is emptied - but after that they can't.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    And, as you know, as soon as it is re-let any current rent liability would end. But it has to be inspected, any repairs carried out, advertised and signed up before that happens. Even for the most motivated LL, a 4 week void at the end of a tenancy would be far from unusual. Although as an individual case, the sums aren't really significant to the LL, when multiplied over their entire stock, it can soon become a sizeable loss.
    AIUI this is a social housing LL: they are likely to have a waiting list and such a property could be ready within the week, even allowing for repairs/redecoration. Talking of multiplying such a situation over a LL' s "entire stock" is a nonsense IMO : T's don't *all* die in situ.
  • tbs624 wrote: »
    AIUI this is a social housing LL: they are likely to have a waiting list and such a property could be ready within the week, even allowing for repairs/redecoration.

    I guess that would depend upon the nature of the repair.
    tbs624 wrote: »
    Talking of multiplying such a situation over a LL' s "entire stock" is a nonsense IMO : T's don't *all* die in situ.

    No. But they all sign a tenancy stipulating the requirement for 4 weeks notice.
  • squinty
    squinty Posts: 573 Forumite
    Old_Git wrote: »
    local news paper always makes them squirm

    I'm not sure if "Local Council follows the law and gives correct information" is the most catchy headline I've ever seen !
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