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Tenant has died but have no keys to property

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  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    My only concern would be that if you clear it, they may come back and say you've got rid of such and such heirloom / valuable whatever and that issues will arise.

    You should make sure you get in writing that there is nothing in the house they want before you clear.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AnotherJoe wrote: »
    My only concern would be that if you clear it, they may come back and say you've got rid of such and such heirloom / valuable whatever and that issues will arise.

    You should make sure you get in writing that there is nothing in the house they want before you clear.

    This. Put in writing, in advance, that you are happy to allow the executors or their representatives access to clear the house. Give them contact detials and a timecale to get back to you to arrange this.

    Put in wirting that if you don't hear from them you will make arrangements to clear the house [at the estate's expense. (if you want them to cover the cost) ]

    If you don't hear from them within that timescale, then write a second time, state that as you have not hear back, you undertstand that they have no interest in the home contents and that you will now be arranging to clear the house. Tell them the date on which the clearance is to take place.

    Keep copies of both letters.

    If they contact you and say that they will not be clearing the house, ask them to conform in writing that thye are happy for you to clear it and to dispose of the contents.

    Given that it is very early days, I would not write to them (other than to inform them that the locks have been changed to secure the property but that you are happy to allow them access to clear the property / collect her belongings) intil a couple of weks after the funeral.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Kevie192 wrote: »
    Just call a house clearance company. Tell them they can keep whatever they like as long as they get rid of everything else. Sorted.

    If the house is in a run down condition, they may well need to be paid to clear it.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 16 May 2016 at 8:05PM
    The original 'tenancy' (if indeed it ever was a tenancy) said:
    for the term of the joint lives of the tenants.
    Very poor wording.
    My Uncle dies 15 years ago but we still let me Auntie live there rent free.
    The 'joint lives' ended 15 years ago (after that there was just a single life), and thus that 'tenancy' ended 15 years ago.

    Thereafter a new arrangement was made between you and Auntie. No rent, so no tenancy. I suspect you never had a written agreement of any sort with Auntie, so it is all down to what was verbally agreed at that time. Almost certainly you granted her a licence to occupy (no rent), along with an agreement that she pay bills (gas, CT, electricity etc).

    Change the locks.

    Identify and contact the Executers to arrange collection of possessions.

    Tell Executers that if possessions are not collected within (3 weeks?), you will place them in commercial storage for a further period (1 month?) from where they can be collected once you've received payment from the Estate for the storage.

    After that they will be sold/disposed of, and any money you raise will go
    a) towards storage disposal & removal costs
    b) balance to the estate
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    I believe that "joint lives" means until the last survivor dies. If so, this indeed occurred when Auntie died.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    G_M wrote: »
    Identify and contact the Executers

    Emphasis on this point, as some of the other answers presume that the OP already knows who the executors are, and nobody can be certain of that at this stage (might be the relatives, might be somebody else if there's a Will stashed away somewhere).
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I believe that "joint lives" means until the last survivor dies. If so, this indeed occurred when Auntie died.
    Possibly. Depends on the context and precise wording.

    Highlights the importance of getting wills and other agreements properly drawn up.....
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    G_M wrote: »
    Possibly. Depends on the context and precise wording.

    OK...

    "a tenancy agreement was written up that they could live in the property for the duration of their joint lives."

    I believe that this means until the last survivor dies.

    Not that it makes much difference in practice since the Uncle died 15 years ago and the arrangement de facto continued.
  • Slinky
    Slinky Posts: 11,015 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.


    You can't possibly know that everything apart from the medals will go to the niece. Who knows if there is actually a valid will and who/what Auntie has decided leave her estate to.
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  • minnie123
    minnie123 Posts: 2,133 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    So I had a phonecall today that people were in and out the house so I left work and drove over there introduced myself and I was right they were arsey with me immediately. They refused to give me a spare key so I got the locks changed there and then and gave them one. It took a lot of talking but I managed to chill them out finally and get the medals. Anyone I offered to get rid of the caravan on the drive and take some stuff to the charity shop. So hopefully house should be cleared quickly and then we can decide what to do with it. I'm just glad I managed to find my Aunt before she died so I got to say goodbye no thanks to them x
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