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Tenant is dying, what to do?
Comments
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I would suggest that unless there's something you feel you can do for him - e.g. reassure him about something - then you should probably stay away.0
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Thank goodness the only worry is yours.
I'm getting no sleep worrying about your worry.
Must be terrifying not having the rent paid.
My God he's so selfish.0 -
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).
The probate office won't have a clue who will manage an estate till someone applies for a grant.
Also they cannot advise on anything other than the process of applying for a grant to administer an estate0 -
There are two sides to it - the business and the personal.
It is possible to both insist on the business side and to have empathy on the personal side.
I remember once going to look at a potential house purchase and seeing the conditions in which the person lived before they passed away and thinking - how could the relatives in all goodness expect to be entitled to receive a penny.
When my father and stepmother's time came, I didn't want a penny from them and I would gladly have given them money (sadly though I started earning decent money after the event).
The point I am making is that an honest landlord need not feel morally inferior, and pursuing outstanding rent against the estate is not a slur on the dear departed.
Of course, that is opinion and IANAL, etc.0 -
cynicalgit wrote: »Thank goodness the only worry is yours.
I'm getting no sleep worrying about your worry.
Must be terrifying not having the rent paid.
My God he's so selfish.
Life goes on for the living.0 -
cynicalgit wrote: »Thank goodness the only worry is yours.
I'm getting no sleep worrying about your worry.
Must be terrifying not having the rent paid.
My God he's so selfish.
I feel you're being very harsh, my read of the OP is that he's trying to do right by the tenant. People do die, it happens every day and the person who has to sort it out afterwards can be left in an almighty mess if a will is not left or doesn't know who is owed what.
I'd say, as long as the OP is compassionate about the situation and isn't being a bull in a china shop, good on him.Whether you think you can or you can’t, you’re probably right ~ Henry Ford0 -
specialboy wrote: »Life goes on for the living.
indeed it does, but that is no excuse for being crass0 -
Basically OP there is little or nothing you can reasonably do until such time as your tenant has passed on. It is no different in reality to a tenant dying in a car accident and the subsequent aftermath.
As PPs have stated, the POA ends on death and may not even cover issues to do with property. You would be wise to ensure you have a clause within your tenancy agreement that provides one month or similar, like the councils do, after the death of the tenant. You cannot retrospectively add this to your current tenants lease.
I would be very, very wary about attempting to do anything with this until after the tenants death, particularly if you have more than one property. You do not want it to get around the local area that you have even appeared to be money grubbing, uncaring etc. I'm not saying you are, but particularly when an individual is dying and/or senseless on drugs you may find that accusations are made against you.
On that note, I would stay away unless you are a friend who would have visited the tenant, it doesn't sound like you are. The analgesia alone could lead the tenant to beleive a lot of things that aren't real. Patients in his position can often exhibit disturbing behaviours accusing loved ones, carers, doctors etc of attempting to kill them, or poison them or a thousand other hateful things. It is not the patients fault and it doesn't happen to every patient, but you are quite clear in your posts that the tenant is not lucid.
Xxx0 -
While I take people's points about steering clear until after the tenant dies, I think it is not unreasonable for the LL to gently make enquiries now as to who they need to be dealing with. I would want to be speaking to the person who has PoA to see if they have any information about who will be arranging things after death. If there is no will and no executor it could be complicated, but the person with PoA may know more.
Not an easy situation. This is after all a practical forum and the OP has genuine practical concerns. They are asking the right questions in a sensitive and compassionate way.I'm not a lawyer, so this is just my opinion. Don't go acting on legal advice you get from a stranger on the internet!0
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