Daft question really, the tenant died........

G_M

jamie11 wrote: »

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.

Being next of kin does not necessarily make him Executer of the estate. If there is a will, this will determine who the Executer is. It may be a solicitor. A bank. A friend. Anyone named by the deceased.

If there is no will, then the nephew can apply to Probate Office for Letters of Administration. You will need to see copies of whichever is relevant to ensure you are getting a surrender from someone authorised to sign it.

He can only sign the surrender if he is Executer OR has been granted Letters of Admin.

princeofpounds

I thought it was also hard to get assured tenants to surrender without legal advice, the assumption being they don't know how valuable what they are signing away is?

teeni

You also need to ensure that you issue Notice to the estate of the Tenant at the address of the property. I would also enclose with it a letter offering your condolences and asking the executor to contact you to discuss the termination details of the tenancy to avoid unnessecary costs being incurred by the estate. If you just send the surrender documetn adn they dont sign it you are delaying the date when you coudl begin court proceedings if it became necessary to regain possession AND risking a longer period of rent arrears if there is no money in the estate to clear the debt.

squinty

jamie11 wrote: »

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.

It would be safer to use a normal Notice to Quit - which must contain all the presecribed information. There is a danger if you develop your own forms you will miss something crucial.

As previously mentioned, if the tenancy agreement allows you may be able to serve notice on the property -(to the personal represenative).

Strictly speaking I think you also need to serve a copy of the notice on the Office of the Public Trustee (see http://www.justice.gov.uk/forms/ospt) along with a £40 cheque - the notes of that page explain the process and the coreect forms to use.

jamie11

princeofpounds wrote: »

I thought it was also hard to get assured tenants to surrender without legal advice, the assumption being they don't know how valuable what they are signing away is?

That's not relevant, there can be no AT because there is nobody that qualifies. They would have had to be living with the RT at the time of death. The RT was already a successor to the original tenant.