Time to clear rented house after death

marksoton

Mojisola wrote: »

It makes a lot of sense to plan ahead.

Once a death happens, people are thrown off-balance and are grieving and upset - it's not the right time to start finding out lots of information that could easily have been gathered in advance.

Indeed. But on this part of it?

Woman dies.
Son moves stuff out.

What's to bloody plan!? I suppose you could put a removals firm on speed dial if you're that way inclined.....

booksurr

the tenancy does not end on death, it ends when it ends...

if a council tenant then the estate executors must give proper notice to the council to end the tenancy. the estate remains liable for paying rent until such time as the notice is done. Whether the council will actually claim that money is down to their individual policy. yes they will be sympathetic to the circumstances but they have a duty to return the property to use asap (there is a waiting list after all!) so will probably have a time scale set out in a policy document which makes clear how long you have to clear and vacate.

if a private LL the same principle applies, although how sympathetic a private LL will be if the rent is not paid is less predictable. Such a LL must serve 4 weeks notice (and go to court to get physical possession if notice is ignored) or can agree a mutual surrender date if both sides agree to one.

https://england.shelter.org.uk/get_advice/social_housing/transfers_and_exchanges/what_happens_to_a_tenancy_when_the_tenant_dies

Doody

OK, again thanks for the information. This doesn't feel like the right part of the forum to make a long informative grieving post. Neither about my MIL's state of health, my own husband's state of health and our family situation. We need practical information. Fortunately, we are supporting each other emotionally and medical support is as it should be.

I very much regretted not being able to listen to my own father when he was explaining what we should do after his death, my emotions were too strong. We have all learned from this the importance of planning ahead.

My post may have seemed cold, it was not a reflection of all that is happening in the family at the moment.

AdrianC

Doody wrote: »

MIL had the idea of leaving a cheque made out for a month's rent for when this happens but of course bank accounts get frozen after death.

The executor of her estate will have access to her funds to pay costs of administering the estate - this would include paying for rent to give time to clear the property, provided it's done in a timely manner. Or the executor could pay the costs themselves, then reclaim them from the estate at the time of distribution.

If you're the executors and beneficiaries, then the distinction is academic, except for IHT.

Mojisola

marksoton wrote: »

Woman dies.
Son moves stuff out.

What's to bloody plan!? I suppose you could put a removals firm on speed dial if you're that way inclined.....

Having dealt with several deaths in the family in recent years, I found it very helpful to make decisions as much as possible in advance.

Mags_cat wrote: »

I agree, talk to the landlord. If they're cooperative, fine - you could offer to pay the rent for as long as it takes to sort out if you can afford to do that.

Or if they want it back asap could you look at getting *everything* boxed up and moved to a self-rent storage unit for a period of time? That way, you have the time to go through it all without the pressure.

And no, nothing morbid about planning ahead. You won't want to be trying to sort this after your MiL has died. Much better to prepare ahead of time, then you can spend what time she has left making memories.

As Mags says - doing things like sorting out what the options are so that you have the money to pay for extra rent or have planned which self-storage you want to use and decided whether to hire a van and clear the house or use a removal firm, etc, can make the days after the death much easier to cope with.

Some people can cope with doing everything from a standing start; others like to plan ahead - nothing wrong with either stance.

Guest101

Summary: She dies, the estate continues to 'own' the tenancy, but the LL is then able to seek a court order to evict.


Much simpler to agree a date with the LL.

DaftyDuck

Doesn't seem cold to me, seems eminently reasonable. Get the worrying questions answered now, and you can concentrate on the care and love at a more difficult time.

Went through similar a few years back; more planning for the eventualities would have left more time later for simple love.

BJV

I am happy, healthy ish and have just done my wills. Two children , house etc.

I would be devastated if I was not well and my family members where even thinking of what to do with my things. Ok there is planning ahead but ?????

Op we all deal with situations in different ways and this could be your hubby's way of coping. But again I stress I would be so upset if my relatives where even thinking of it when I was about to pass.

Sorry I know not what you want to hear but ???

P.s I hope your MIL is ok / well as well as can be expected and not in pain. End of life care is so important. Not only for the patient but also the family.

davidmcn

booksurr wrote: »

the tenancy does not end on death, it ends when it ends...

Ok, but "tenant no longer lives in the property" is a mandatory ground for granting an eviction.

teddysmum

When my grandmother died, in a council bungalow my mum had to move her things quite quickly (2 weeks?) as the bungalow was, of course required for someone else.


Charities such as the BHF and Douglas Macmillan will collect items for their shops, but do need about a week's notice, as my son recently found (so had to deliver goods in a hired van).