Tenant has died but have no keys to property

minnie123

Sorry to keep adding but I keep thinking of things.

The tenancy agreement says the tenants were liable for all council taxes, duties and impositions.

So the fact the council tax bill has now come to us stating unoccupied must mean the tenancy is ended and therefore we can change the locks. Otherwise would the estate not be liable for that bill?

PasturesNew

minnie123 wrote: »

Also just to be clear this is my great Auntie and Uncle, my Uncle was my Nans Brother and they never had children of their own. Therefore her family that are dealing with this (her sisters children) are not related to me.

Ah, so she's not your blood, the deceased great-uncle was your blood.

So everything in the house will go to the niece, except, as you say, the medals, which are your dad's.

She probably doesn't know about that. Write a letter about that and stick it through the door - do you have a copy of that will stating that? If not, you can order a copy online. If it was verbal then that's a different matter.

fed_up_and_stressed

minnie123 wrote: »

Sorry to keep adding but I keep thinking of things.

The tenancy agreement says the tenants were liable for all council taxes, duties and impositions.

So the fact the council tax bill has now come to us stating unoccupied must mean the tenancy is ended and therefore we can change the locks. Otherwise would the estate not be liable for that bill?

No it sounds like someone somewhere has messed up with the council tax. If she was the only resident and the property was empty due to her going into a care home then the council tax should have stayed in her name till death and an exemption on that basis up to her death. Then (ie now) the council tax if the property remains empty it should be in her executers names and again an exemption should be applied until probate is granted.

You as the legally appointed representative of your father need to get in contact with the council's council tax team to explain what has happened - I would suggest you find out from the home the date when she entered the home, council tax may request something in writing from them.

But no in this circumstance your father should not be liable for council tax unless the tenancy is formally surrended by the estate. I.e the property handed back to your dad.

getmore4less

If the agreement was done properly creating life interest trust the property should also get CGT relief.

Some councils will not allow the council tax exemption on death as the beneficial interest returns to your father.

fishpond

One of my tenants died, I changed the locks to protect his belongings and my property, I then informed the executor what I had done and why, and gave him a key asking him if he wished to terminate the tenancy then gave him the correct dates to put in the 1 months written notice to me.
I do not advise you to put a notice on the door of the property.

Norman_Castle

As above. I would gain access and change the locks to secure the property and her belongings. A landlord changing the locks is harassment and possibly illegal eviction however as the tenant is now deceased and you have contacted the family without response and and will presumable offer them easy access to the property its unlikely any claims of harassment would be pursued.

How long was she in the care home? Is it possible the family have changed the council tax bill and possibly other bills to avoid their liability?

AnotherJoe

minnie123 wrote: »

I feel like I need to get in and check the house - has everything been turned off etc etc. I'm paranoid about who could have keys. also my Uncles war medals are in there that he left to my father in his Will as he was the closest thing he had to a son (my nans brother) but they obv were to stay with my auntie until her death - so paranoid they will just take them.

Change the locks. Remove the medals. Check the services. Let them know you've changed the locks to protect the contents and check everything is safe, because its not clear who has had keys over the years, and tell the executor what you've done with medals, and they can have a key.

minnie123

We are gaining access to the house today also we should be able to get her other families telephone numbers then out of her phonebook then we can call them. Dreading that phonecall though I think they are going to leave the clearing of the house to us.

Kevie192

minnie123 wrote: »

We are gaining access to the house today also we should be able to get her other families telephone numbers then out of her phonebook then we can call them. Dreading that phonecall though I think they are going to leave the clearing of the house to us.

Just call a house clearance company. Tell them they can keep whatever they like as long as they get rid of everything else. Sorted.

Norman_Castle

minnie123 wrote: »

Dreading that phonecall though I think they are going to leave the clearing of the house to us.

Depending on how you feel about this you can charge the estate for any house clearance costs. If you clear the house its likely to be done much quicker than if done by reluctant relatives.