Tenant is Dying

may_fair

flappy_mcwarbucks wrote: »

This is getting complicated.

A tenancy is a contract is it not? So if person X dies, this then makes the contract void does it not?

No.

I mean, you could hold the guarantors liable of the rent for the remainder of the tenancy

The estate of the deceased would be liable for rent, just as it would remain liable for the phone bill or any other contractual debt. In practice, what is likely to happen is that the executors of the estate and the LL would agree a surrender of the tenancy.

But the LL can't, meanwhile, waltz in and shift out the late T's stuff and install a new tenant.

flappy_mcwarbucks

OK, may_fair I think I follow you

the LL can't, meanwhile, waltz in and shift out the late T's stuff and install a new tenant.

Yes, i understand that bit.

It's an interesting one in any event

PasturesNew

My recent experience of this is that "they" want the dying person to be nursed at home, rather than going into care. It's the choice of the patient/family whether to stay at home with nursing on site, or go into a nursing home.... many will choose to stay at home.

Along with the illness comes a host of adaptations, e.g. a commode, wheelchair, possibly bed hoist, hospital (adjustable) bed etc.

The tenancy wouldn't end, but you need to sort out with the tenant earliest who are their next of kin/executors of their estate and possibly prepare all the paperwork ahead of the event, with just the relevant dates to be filled in and everybody "ready to sort it out quickly". If you do/say nothing and simply wait until you discover they've died, then it's unlikely the relatives/executors will know what to do/what the situation is - so get it cleared up now.

You'd be surprised how quickly somebody can go .... I've just gone through one from beginning to end and it was under 2 weeks from still being able to walk and thinking they had 2-3 months, to being gone.

thegirlintheattic

Conversely it can be years. A relative got given 6 months and lived over 3 years.

Sure get things in place, but please go into this with your eyes open that this could be long-term so I wouldn't promise, especially not in writing, that your tenant can stay till the end. Things may happen that force your hand.

neverdespairgirl

tunnel wrote: »

I know probate houses are from desceased estates and as such it happens all the time,just wanted other peoples take on it?

People die all over the place.

My parents' house is over 700 years old. It must have had an awful lot of people being born and dying there over that time!

theartfullodger

As may_fair says (you can always rely on may_fair..), tenancy continues...


A relevant case..

Wirral MBC v Smith
(1982)
NTQ must be served to end deceased’s tenancy

But clearly the estate & landlord may agree a surrender...

poppysarah

may_fair wrote: »

But the LL can't, meanwhile, waltz in and shift out the late T's stuff and install a new tenant.

I think councils give you a week to get the place cleared and want the money for that week.

Scully38

Most of my family have died in their homes, and now the homes are being sold. None of us have metioned this to our buyers to be honest. But what I would suggest is that you have an honest chat with your tennant; the fact (s)he came to you suggest that they're dying suggests they trust you, and can talk to you. When you give them your decision (i'm assuming you're gonna allow them to stay), ask what they want doing with their belongings, and if there's an executor that you need to deal with regarding belongings etc.

If you discuss the situation early on everyone knows where they stand, and i'm sure if he hasn't thought about it before, at least it'll make him think about where his belongings should go. Just don't feel as if you have to skirt around these issues too much, i'm sure he'll be pleased you've given him and his belongings some thought.

Good luck.

Emmylou_2

I always presume that (unless it's a new build) *someone* would have died there. My granddad died in the house I grew up in (in Gran's bed - although it had had a new mattress).

I lived in one house which had previously been the Landlord's mum's house - no problem with that except the old lady hadn't exactly departed entirely and occasionally there'd be a really cold draught (through the middle of a room where no draught could be) and a strong smell of Old Lady (too much lavender perfume and Pond's Cold Cream). We just put up with it - the house was precisely where we wanted to live and was Very Cheap!

Jeffrey_Shaw

Beetlejuice (Michael Keaton).