Tenant has died but have no keys to property

minnie123

Hi All,

Bit of background my father bought my great Auntie and Uncles house of them years ago and a tenancy agreement was written up that they could live in the property for the duration of their joint lives. My Uncle dies 15 years ago but we still let me Auntie live there rent free. We stopped having regular contact with her 4 years ago as she just withdrew from everybody.

Last week my father received a council tax bill for the property stating unoccupied so I went knocked on door etc and called no answer. After lots of investigation we finaly found my great Auntie in a old peoples home - we spoke to her on the phone and she was glad we had looked for her and we said we would go visit the next day. We did visit the next day and she was actively dying not much response but nodding and then nothing she died yesterday night.

The situation now is her other family have keys to our property, they obv wish to make no contact with us. All her stuff is still in the house. I would like to make the property secure as I have no idea who has keys to the house.

I was going to get a locksmith to break in and change the locks and then leave a note on the door asking the executor to contact me (regarding the property contents) Is this the right thing to do? I have no contact detais for her other side of the family.

PS - I am dealing with this as my father has had many strokes over the past few years and is not capable - I have POA over his affairs.

Thanks

minnie123

also to add she lived in the property alone and she has no children.

theartfullodger

Tenancy continues in "The estate of xxx". The executors need to end it or rent continues payable, or landlord can end it through courts (except in Scotland)

davidmcn

Yes, just change the locks. I would have concerns about the security implications of putting a "look, this house is unoccupied" note on the door but otherwise what you suggest sounds reasonable.

minnie123

I know what you mean about the note it's just all her belongings are in the house.

minnie123

theartfullodger wrote: »

Tenancy continues in "The estate of xxx". The executors need to end it or rent continues payable, or landlord can end it through courts (except in Scotland)

So I can't change the locks I have to go to court?

iammumtoone

Can you explain the situation to the care home leaving your contact details and ask them to pass them onto her other family so they can contact you when they are ready to clear it out.

You really need to get into the house to make sure that everything has been left safe.

GobbledyGook

Who have the care home been dealing with? Is there other family who are dealing with things if she doesn't have any children?

squinty

minnie123 wrote: »

So I can't change the locks I have to go to court?

Probably no need to go to court, but you must not change the locks.

You can serve notice on the executor, or if there is no will be serving notice on the Public Trustee. You need the right forms and there is a fee.

See

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/if-your-tenant-dies-without-an-executor-or-a-will

Thrugelmir

theartfullodger wrote: »

Tenancy continues in "The estate of xxx". The executors need to end it or rent continues payable, or landlord can end it through courts (except in Scotland)

There's no rent payable. The tenancy was granted to the Uncle and Aunt for the duration of their lives.

Floxxie

Is this a tenancy or a licence?