My tennant died.. 2 months behind on rent

duchy

If there was no deposit or inventory............was there actually a valid tenency agreement either ? The OP seems quite lax about the first two which makes me wonder about the third.

lighting_up_the_chalice

duchy wrote: »

If there was no deposit or inventory............was there actually a valid tenency agreement either ? The OP seems quite lax about the first two which makes me wonder about the third.

Makes no difference. The actions of the LL and T create the tenancy, not the paperwork.

hcb42

If there is no money in the estate, which seems likely, although not impossible, he wont get paid no matter what...

lighting_up_the_chalice

True. But some of the shortcuts suggested here might see some money flowing in the other direction, and he doesn't want that!

juliebunny

HCB42 - so sorry to hear about your sister. I help a cat rescue and there is currently a 3 month waiting list, which is full of heartbreaking cases that haunt the charity volunteers. Everyone reading this who has pets should make provision for them.

Unfortunately some people (not saying you) think that charities have rows of emtpy pens just waiting to receive animals but it just isn't the case, especially at this time of year when abandoned pregnant cats is massive, and they take priority.

Have you tried the Cinamon Trust or send an email to Animal lifeline UK, they may be able to help find you a rescue place. http://animallifelineuk.org/ They also have a forum where you can post details of the cat for homing.

hcb42

Thank you Julie. We may end up just keeping him, although that means I have 4, so not ideal..

teeni

pmlindyloo wrote: »

I understand what you are saying but in this situation where the OP is not likely to get any of his money back then surely it is in both the deceased tenant's realtives' inteerst and the OP's to get this sorted as soon as possible.

If the tenancy continues and the estate is liable for the rent of the remaining period how will that help the OP? He can't get the rent or relet the property.

Would it be possible for the representative of the estate and the OP to agree a surrender?

That way the estate would not be liable for more rent and the OP could start the process of clearing the property and reletting.

The OP could give a statement of the rent arrears and damage (though without an inventory may be very difficult) and send it/give it to whoever is dealing with the estate.

I agree that the OP needs to find out who is legally responsible for the dealings of the estate but issuing a Section 21 will take time and will not be to the OP's advantage.

I dont disagree it is in every bodys interest to sort this out quickly, which is why I suggested ensuring the original op start the legal process quickly to avoid unnecessary delays IF the relatives once they have got over the shock of the death get difficult. IF he delays issuuing a s8 g7 notice he will have to wait even longer. and i would not suggest a S21 as so many things can go wrong with that. Even many local authorities issue the executors of the deceased a notice with in a week to protect their position in such matters.

If they do not know who is legally responsible the notice is delivered to the property and marked for the attention of the executors, once served the process has begun.


Of course the executors can surrender the tenancy but again I ask what if they dont.?

Dont forget the op should not have entered the property at this time so should technically not know if there is any damage or not.

Hopefully after they have got themselves together the relatives they will hand the keys back after empting the proeprty but what if they dont?

The legal process is there for a reason, and should be adhered to in all cases.

GDB2222

teeni wrote: »

I dont disagree it is in every bodys interest to sort this out quickly, which is why I suggested ensuring the original op start the legal process quickly to avoid unnecessary delays IF the relatives once they have got over the shock of the death get difficult. IF he delays issuuing a s8 g7 notice he will have to wait even longer. and i would not suggest a S21 as so many things can go wrong with that. Even many local authorities issue the executors of the deceased a notice with in a week to protect their position in such matters.

If they do not know who is legally responsible the notice is delivered to the property and marked for the attention of the executors, once served the process has begun.


Of course the executors can surrender the tenancy but again I ask what if they dont.?

Dont forget the op should not have entered the property at this time so should technically not know if there is any damage or not.

Hopefully after they have got themselves together the relatives they will hand the keys back after empting the proeprty but what if they dont?

The legal process is there for a reason, and should be adhered to in all cases.

Surely, the real question is whether the estate has any significant assets? If it does, the landlord will be reimbursed. If it does not, there is a good chance that nobody will be prepared to act as executor or take out letters of administration.

molerat

The animal has been abandoned, if someone keeps on feeding it and walking it the RSPCA will show little if any interest. They must be clearly told that there is an abandoned animal in the property.

missile

lighting_up_the_chalice wrote: »

After the death of a tenant, there may be another party with an interest in the tenancy. It is for that reason that the legal process should be followed, so that the courts can examine, and adjudicate, on any such claim.

I think we all understand the reason, but some of us do not agree with the logic.