Tenant died with rent arrears

silvercar

What happens with regards to the insurance. If the property is vacant, then normal LL insurance becomes invalid.

Landlord insurance allows for the property to be vacant between tenancies. Usual terms are that the insurer requires notification after 28 days.

Road_Hog

silvercar wrote: »

Landlord insurance allows for the property to be vacant between tenancies. Usual terms are that the insurer requires notification after 28 days.

That's to cover normal holiday periods.


The OP has stated that the property has not had rent for Oct, Nov and Dec.


That gives a good indication that the property has been unoccupied for almost 3 months and is unlikely to be occupied any time soon, including the coldest period of the year, from late Dec to some time in Feb.


If we get a cold snap (as we have done in recent years) this winter, then if the heating is not on (expensive heating an empty house and it has to be on 24/7 not just on a timer), you could end up with burst pipes and the LL insurance will not cover a property that is unoccupied, or not for that period without taking precautions.

silvercar

Road_Hog wrote: »

That's to cover normal holiday periods.

No, on a landlord insurance policy it allows for gaps between tenancies.

The OP has stated that the property has not had rent for Oct, Nov and Dec.


That gives a good indication that the property has been unoccupied for almost 3 months

Well the tenant was found on Thursday night, so it was occupied until then.

and is unlikely to be occupied any time soon, including the coldest period of the year, from late Dec to some time in Feb.

We don't know when the landlord will regain access to the property.

If we get a cold snap (as we have done in recent years) this winter, then if the heating is not on (expensive heating an empty house and it has to be on 24/7 not just on a timer), you could end up with burst pipes and the LL insurance will not cover a property that is unoccupied, or not for that period without taking precautions.

This last point brings another quandry. The utilities will be in the name of the tenant, so the landlord certainly can't turn the heating on with out taking out a contract themselves for the utilities.

SnooksNJ

antrobus wrote: »

Let's be 100% blunt about this. You had a tenant that didn't pay their rent. I suspect the reason was that they didn't have the money to pay the rent. I doubt that their death has bought about any improvement to this state of affairs.

Or she has been planning suicide for several months. If it were me I would write off the debt and count my blessings.

welshbengali

The real tragedy here is that a woman felt driven to take her own life.

To those attacking me for being unsympathetic-- recouping the rent arrears is not my first priority. I came to this forum asking for information regarding where i stand in terms of regaining possession of the flat ( inc. the removal of the tenants belongings ) , in order to safeguard it and re-let it as soon as possible.

These concerns are heightened as I have no details of next of kin- This was not a young woman -- she was in her 60s, single, no dependents. As far as I know her next of kin are siblings who live some distance away. She was residing at the property at the time of death.

Not that it is anyone's business -- My father is a professional in his 70s who until recently was still working part time- impending surgery has put an end to that. The rental payments go into an account that is put aside to meet my father's annual tax bill which is why the missed payments were not noticed sooner.

egoode

Have you asked the tenet downstairs if they know any of her family? As it seems from your original post they did speak occassionally even a name and location might help you track them down.

Another option is to approach a solicitor and ask their advice on what to do in this situation especially in regards to getting access to the flat again so you can rent it out.

Also check the local papers for details of the funeral service as that might give you a contact name. Not suggesting you approach them at the service though! The main problem initially seems to be just getting in contact with the family so this might help at least with this initial step.

welshbengali

I get the impression that the downstairs neighbours were on passing good terms with her but rarely saw her -- she mainly worked nights and would return home in the morning just to sleep during the day.

Thanks I have already taken steps to contact a solicitor- just came onto here to glean some information before I get a chance to speak to them

Guest101

welshbengali wrote: »

The real tragedy here is that a woman felt driven to take her own life.

To those attacking me for being unsympathetic-- recouping the rent arrears is not my first priority. I came to this forum asking for information regarding where i stand in terms of regaining possession of the flat ( inc. the removal of the tenants belongings ) , in order to safeguard it and re-let it as soon as possible.

These concerns are heightened as I have no details of next of kin- This was not a young woman -- she was in her 60s, single, no dependents. As far as I know her next of kin are siblings who live some distance away. She was residing at the property at the time of death.

Not that it is anyone's business -- My father is a professional in his 70s who until recently was still working part time- impending surgery has put an end to that. The rental payments go into an account that is put aside to meet my father's annual tax bill which is why the missed payments were not noticed sooner.

You need to find next of kin to establish who the executor is, then either serve notice or negotiate surrender. The latter will be much quicker.

Whilst I sympathise with your parents predicament. Chances are you/ they won't see this lost rent for several months.

You and they must appreciate they are running a business and these things happen in business. Relying on rent for the sole income is very risky. They may not find a tenant for 6 months, then what?

Guest101

welshbengali wrote: »

I get the impression that the downstairs neighbours were on passing good terms with her but rarely saw her -- she mainly worked nights and would return home in the morning just to sleep during the day.

Thanks I have already taken steps to contact a solicitor- just came onto here to glean some information before I get a chance to speak to them

Hope it's a free appointment, because they will tell you the same thing I and others have

meg72

Mojisola wrote: »

From the legal agreement POV, but previous posts had said that the relatives shouldn't have to cope with contact from the LL because they were grieving.

People do have to get involved with the deceased's estate as soon as they have died, no matter how much of a shock they are dealing with. There's no reason why a private LL should stand aside, not knowing what's happening. A private LL is just as much a business as the council or the utilities.

I agree people do have to get involved as soon as a person dies,
but first things first, if I read this right this poor woman died 7 days ago, in the first week after my Son died, also a suicide, there were the police, the Coroner, the formal identification, family and friends to deal with, funeral directors to be contacted. the days were a blur and the last thing on my mind was clearing his flat.

He was a HA tenant and I received a lovely letter from them offering sympathy and a request to contact them when I was ready.

May I suggest the OP has a little bit of patience and save themselves solicitors fees, I realise its more difficult as he dosent have contact details, but a letter put through the flat door will be read when they get round to it, after all seems to have been content to let 3 months arrears build up.