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Daft question really, the tenant died........
jamie11
Posts: 4,436 Forumite
As I said in an earlier thread my regulated tenant died, I have given his nephew enough time now to sort out his effects.
So the daft question is has the tenancy automatically ended or should I be putting something on paper to confirm it? I want to be able to get in there next week to start the refurbish. then get it back on the market.
So the daft question is has the tenancy automatically ended or should I be putting something on paper to confirm it? I want to be able to get in there next week to start the refurbish. then get it back on the market.
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Comments
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In common law the contract has now been 'frustrated' ie one party is no longer in a position to carry out its obligations (ie pay rent etc) as he is dead.
Therefore the contract would naturally end. However, it wouln't do you any harm to confirm this in writing to the T's next of kin.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
In common law the contract has now been 'frustrated' ie one party is no longer in a position to carry out its obligations (ie pay rent etc) as he is dead.
Therefore the contract would naturally end. However, it wouln't do you any harm to confirm this in writing to the T's next of kin.
Thanks Phil99, that makes sense. Do you happen to know if I should ask the rent office to remove the property from their list?0 -
You need to terminate this tenancy properly by issuing notice on the estate. The tenant may have passed away the tenancy hasnt. As it is a regulated tenancy is there anyone with a right to suceed?0
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Let arrears build up ... Write to the estate, declare the arrears, offer to forgo the arrears in exchange for notice from them by a certain date?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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The tenancy does not end, nor is the next of kin liable, but the Estate is
Ask the nephew is there is an executor and write to them - and/or if the tenancy agreement is clear that a notice can be served at the property serve a notice at the property. The Notice should be addressed to 'The Personal Representative of (insert name of tenant)'0 -
I think the nephew must be his NOK, So I will try and get him to sign an immediate surrender, there are no successors that could take over the tenancy and he lived alone so no chance of an AT either.0
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Surrender of Tenancy
The Property: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The Tenancy:
A regulated tenancy of The Property created by a tenancy agreement dated
…Pre1985... that was made between The Landlord and The Tenant.
xxxxxxxxxLtd and Mr xxxxxxxxx (Deceased)
2. Surrender and Acceptance
The Tenant surrenders and releases to The Landlord all his/her interest in The Property
with vacant possession and The Landlord accepts this surrender.
3. Release
3.1 The Landlord confirms that all rent due under the tenancy to date has been paid and
that no further payments, whether in respect of rent or otherwise, are due.
3.2 The Tenant confirms that there is no deposit due from the Landlord and that no
further payments are due to him.
4. Effect
The provisions of this agreement (other than those contained in this clause) shall not
have any effect until this agreement has been dated.
This agreement has been entered into by the parties on the day and year entered at the
top of this document.
Signed by The Landlord: ………………..….…..............................
Signed by The Tenant's Representative………………….…….…
Date: …………………………………….………
This is the wording for the surrender document I will ask his NOK to sign. I will be forgoing the rent owed for the last month and some historical arrears.0 -
sorry I had to crack up at that title. Pop to a citizens advice beauro, they may have a definitive answer.0
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You certainly won't have any problems with evicting the tenant."You were only supposed to blow the bl**dy doors off!!"0
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