My tenant died, what next?

squinty

kavics17 wrote: »

So would it be the right thing to serve the NTQ next week and ask them to empty the property by the end of June?

My understanding is that the tenancy becomes a common law tenancy. I think your need to give at least 28 days notice - but am sure others will correct this.

You have 2 options.

The correct way to deal with this is to serve a Notice to end the tenancy.

However, you do need to be carefull how the notice is served - it should be addressed to the 'Personal Representative of (name of deceased)" and not the family - if your tenancy agreement allows this may be served at the property.

However, if you are not sure if there is an estate. or an executor, you are also safer to serve the same notice (addressed to the Personal Representative etc) on the Public Trustee - (try the minsitry of justice website for contact details). There is a fee for this - and you need to provide prescribed information.



The quick way to deal with this is to speak to the family and to see if they want to return the keys and surrender the tenancy. This is riskier, but could be mitigated if they requested, in writing, that you accepted a surrender.

ladymarmalade222

Can I just say what a refreshing change to hear that you are willing to be flexible regarding the property and how the family must be feeling.

We had to deal with my father in laws rental property when he passed away in December and both the landlord and agency were far from helpful regarding the matter. The rent had been paid for another month the day before he died and the date for handing over the keys fell in between christmas and new year. As the agency decided they did not want to open the office in this period they argued we had to pay another weeks rental even though it was not a Bank Holiday. They even threatened to take it from the rental deposit, then mentioned they would be inspecting the property with a "fine tooth comb".

As you can imagine this was the last thing we needed while dealing with a bereavement.

We emptied the property and left it immaculate and eventually received the deposit back into the estate but it was something that really added to the upset.

Thank you for actually understanding that the family will have a lot to deal with and a little compassion and common sense really helps.

Good look with re-letting your flat

x

snapping_crocodile

I was in this family's situation nearly two years ago. My dad passed away very suddenly in a rented property and the landlord was absolutely fantastic about the situation. I was very aware that the landlord would obviously want to rent the property back out as soon as possible so was very concious of sorting out my dad's possessions as soon as possible. However at the same time the landlord wasn't pushy and allowed me to do it in my own time, and I kept him up to date of my progress. In the end it took about 2 weeks ish, and the landlord gave me space in that time without conducting any viewings, which I was very appreciative for. He didn't ask for any more rent and he was very quick at contacting the DPS and released the whole deposit back to me as next of kin. It was an awful time, but the landlords sensitivity made at least one part of situation easier to handle.

You sound like you are taking a very similar approach, which will help the family at this traumatic time. It is nice to know there are some excellent landlords out there!

kavics17

Thank you everyone.

The OP is a she:). And yes, I am very flexible and sensitive about the situation as the tenant was a decent guy and I can't imagine how the family is feeling, he was in his early forties and should have lived longer. He moved away from his family because of his job and commuted every weekend to see them. I just hope that if death happens in my family and the situation is similar, than the landlord will handle the situation as fairly as I try to do it.

As far as I know the tenant wasn't on benefit, he only received singe person discount on council tax.

This is what I will do and please correct me if I am not right:

-will give a call to his wife on Thursday (funeral is on Tues) and ask whether they would like to continue the tenancy or surrender earlier, will ask about the viewing as well. Will ask about will/contact details of the executors to return deposit. I am hoping for an informal conversation and will try to be understanding to their needs.

-If the first, as I suspect, than I serve a written Notice to end the tenancy, giving her more then 28 days to empty the flat and return keys.

I won't push for the viewing though hopefully she will agree. Do I need to notify the council that he died and property is empty or the family need to deal with this? I am happy to give them a call if it's my responsibility. Also as the tenant is dead, what happens to the rent he paid up till the 10th June? Do I need to refund it?

G_M

There's some conflicting advice being given (becomes common law tenancy; tenancy ends on Sunday following death [!]; AST continues in name of the will's Executers/Public Trustee; tenancy ends immediately as "no one wants a dead body in the property"; etc)

I don't know the answer (though suspect the contract continues with the Executers taking on the tenant's rights and responsibilities).

However, my own approach would be to talk to the relatives(after the funeral). Chances are they won't want the tenancy (and associated expense) to continue, though may need some time to arrange things. So ideally reach an agreement with them to surrendor the lease at a mutually agreeable date.

THEN write to confirm what's been agreed, and arrange hand-back of keys, inspection, deposit etc.

The actual legal position only becomes an issue if there is disagreement about surrender, and/or rent stops being paid whilst the tenancy continues.

poppysarah

I am pretty certain that death frustrates most contracts...

justjohn

just like to say . OP you sound like a decent chap

paddedjohn

Just one question, you say the wife lives 100 miles away, were they estranged or divorced maybe?

Cissi

paddedjohn wrote: »

Just one question, you say the wife lives 100 miles away, were they estranged or divorced maybe?

OP has already answered this:

kavics17 wrote: »

He moved away from his family because of his job and commuted every weekend to see them.

This isn't as outlandish as it sounds - at least DH and I went through a similar scenario for several years (with him in Newcastle and me/our joint home in London) - and we're still going strong

OP, I don't have any advice but just wanted to add my support as I think you're being very decent indeed. I hope it all goes smoothly for all involved.

mcc100

G_M wrote: »

However, my own approach would be to talk to the relatives(after the funeral).

My thoughts exactly ....... speak to them after the funeral

kavics17 wrote: »

Hi Guys,

I haven't received notice from them for the flat.

Do you really think that giving notice is a priority at this moment in time ?