Tenant is dying, what to do?

fishpond

Please only answer if you have something sensible to say.
I have had a tenant for some years in a flat, he is dying of cancer and is not expected to live for very long, days or weeks, certainly not months.
He was taken to and kept in hospital this week-end as he wouldn't eat or drink
As far as I am aware he has no next of kin
As far as I am aware he has nominated a friend to have power of attorney--not sure, but that is what I have been told by a another of his friends/carer.
Is there a legal procedure to follow regarding safeguarding my property against people entering that may have keys.
What happens to all his belongings and furniture, is there a timescale for the property to be emptied?

00ec25

no there is no legal procedure to stop him from giving keys to other people (unless you put an explicit clause in your contract) nor can you stop people he has given permission to from coming and going as they please

similarly when he dies his estate remains liable for the rent until such time as his executor/personal representative makes a formal surrender of the property

if he has no next of kin then you can either be hard nosed about your rent as there are no relatives to "upset" or not, your choice, they may not be blood relations, but I'm sure there will be (at least a few) people who care about his passing and so a bull in a china teashop is perhaps not the best approach

have a read of this thread to see how others have handled dead tenants
https://forums.moneysavingexpert.com/discussion/4849006

System

45002 wrote: »

The local coronary office.

But your heart must be in it. Sorry, I'll get me coat

I think coroner's is the word that you were looking for

fishpond

If it makes any difference, I doubt he will be released from hospital.

G_M

You will need to establish whether he has made a will and who the Executers are. If there is no will, usually a relative would apply for Grant of Representation.

If there ate no relaties, you will need to ask the Probate Service who will manage the deceased's estate (and financial / legal obligations eg rent and surrender of tenancy).

anotheruser

Why not ask the tenant what they want?

da_rule

You mention that someone has power of attorney, this is different to the executor/administrator of a will/probate matter. If there is a power of attorney then it may be worth checking what powers this person has (the exact powers are contained on the order which grants the power), as they may be make decisions on property matters (i.e. serve you with notice to quit which may speed matters up if it is completely certain that your tenant will not return to the property).

Once he dies, the estate will have liability for any outstanding rent if its a fixed term contract or for the notice period. Also, some contracts (if they have been correctly drafted) will include clauses covering the death of the tenant and will allow you to serve notice on the estate. As is normal procedure, the estate should be allowed access to the property during the notice period to deal with removing property etc.

fishpond

anotheruser wrote: »

Why not ask the tenant what they want?

He is having great difficulty in focusing his mind.

googler

Someone may well have Power of Attorney at the moment, but that ceases upon death. The holder of PoA cannot act under PoA after the donor's (tenant's) death. That falls to the executor.

fishpond

I am not even sure there is a will, not alone an executor.

da_rule

googler wrote: »

Someone may well have Power of Attorney at the moment, but that ceases upon death. The holder of PoA cannot act under PoA after the donor's (tenant's) death. That falls to the executor.

Yes, my point was that the Power of Attorney can be used whilst the tenant is still alive to deal with giving notice etc to speed matters up after death.