My tennant died.. 2 months behind on rent

Littleweedj

tbs624 wrote: »

This is not how it works. A tenancy does not just cease to exist because the original T has died. LL needs to establish who will be responsible for formally winding up the T's estate and proceed from there. If there is a will then its the executor(s), if no will then the administrator(s)

OP if your T was claiming LHA/HB do check that the local office has been made aware of the Ts death. You would have a claim from the Ts estate for unpaid rent but it may be that you have to simply put the loss down against your rental income for tax purposes, as another poster has already suggested. You may also want to check that the CTax office know.

As you didn't take a tenancy deposit you presumably didin't bother with an agreed inventory at the start of the tenancy either - to be able to claim from the estate for damage etc to the property you'd need to be able to show what the tenancy start condition of the property was and that the damage was down to the Ts acts or omissions..

Whoever deals with the T's Estate will probably be happy to bring the tenancy to an early close, given that the liability for rent continues ( although if there is no money in the Ts estate that liability does not pass to the relatives instead.)

As for the 200 loan, again much depends on the late T's final finances and whether you can adequately deomonstrate that you are indeed owed the return of this money . How long ago was the loan made and when did you last request its repayment?

So who is responsible for the dog? Not the LL!

olly300

I know from talking to one of my neighbours the RSPCA cannot always be bothered if an animal "appears" to be looked after even though the looking after is inadequate.

If you no longer want the dog in your property as another poster suggested it's up to you to get the animal out.

Give the extended family a few days and put a note in writing that you will be re-homing the animal if they don't do it by x date.

Also give them a slightly longer deadline in the note to remove the deceased belongings from your property. If they don't as you have the address just box the stuff up and deliver it to them.

You should always inform them of what's in the letter verbally before giving it to them.

As the deceased has no money you need to get the dog re-homed, clean out your property and get it on the market asap. Yes you will lose more money in the doing that but I know from personal experience that with deaths things can take months to be sorted out.

nobile

Leave the door open, let the dog go walkies.

olly300

Littleweedj wrote: »

So who is responsible for the dog? Not the LL!

It shouldn't be the neighbour either unless they actually want the dog. Then they need to say they want it.

marliepanda

RSPCA aren't the best. Have you tried contacting the Dogs Trust at all? I know my friend got his from there after his owner died... (not in the same circumstances probably, I have no idea, but its worth a shot?)

DVardysShadow

tbs624 wrote: »

This is not how it works. A tenancy does not just cease to exist because the original T has died. LL needs to establish who will be responsible for formally winding up the T's estate and proceed from there ....

......

Whoever deals with the T's Estate will probably be happy to bring the tenancy to an early close, given that the liability for rent continues ( although if there is no money in the Ts estate that liability does not pass to the relatives instead.)

Understandably, no one is saying it because of the situation: Issue a S21 notice.

I have this idea that if the administrators don't act reasonably quickly to cooperate in bringing the tenancy to an end, they could become personally liable at some point.

botchjob

At a difficult time like this all our thoughts are with you. Some people are just so inconsiderate.

teeni

As said earlier the tenancy does not end just because the tenant dies, issue a s21 or a s8 notice relying on ground 7, tenant has died, must give the estate 2 months notice.

The estate is responsible for the rent , but if there are no funds in the estate no one else is responsible for paying the debt.
Make an effort to find out who is dealing with the deceased estate and negotiate a termination, but issue the notice asap to avoid any un necessary delays..

teeni

DVardysShadow wrote: »

Understandably, no one is saying it because of the situation: Issue a S21 notice.

I have this idea that if the administrators don't act reasonably quickly to cooperate in bringing the tenancy to an end, they could become personally liable at some point.

no they dont it is up to the land lord to take possession proceedings beginning with a notice, the same way as if the tenant was alive.

DVardysShadow

teeni wrote: »

no they dont it is up to the land lord to take possession proceedings beginning with a notice, the same way as if the tenant was alive.

Oh yes they do. Look again and see the word cooperate.