Time to clear rented house after death

moneyistooshorttomention

AdrianC wrote: »

Go back a step...

The tenant is a long-standing, heavily protected tenant. They've been there half a century. Apart from the minor detail that the landlord is now able to much more easily sell the property now that it's vacant, you can almost certainly bet that the tenancy is not at a current market rent.

Ah...gotcha....as in you mean the landlord might be gasping to let the place out literally the next day in order to get a higher current market rent??

If she's had the place 50 years - I wouldn't have thought a landlord would get that uptight about doing so for 1 month more?? I guess the way to deal with that could be to offer the landlord 50% of the difference between "her" rent level and the "current market rent" level on top of her normal rent for 1 month?

getmore4less

AdrianC wrote: »

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.

It can be weeks sometimes months before funds are accessible.

it would be unusual with many estates to get access within a typical rent cycle of a month.

moneyistooshorttomention

getmore4less wrote: »

It can be weeks sometimes months before funds are accessible.

it would be unusual with many estates to get access within a typical rent cycle of a month.

It is quite possible there might be a cashflow problem because of that.

I can understand it wouldnt work out for her to leave a cheque there to cover a months rent because of this. But - she could leave sufficient cash in the place (and telling OP where it is) to cover a months rent.

AdrianC

moneyistooshorttomention wrote: »

Ah...gotcha....as in you mean the landlord might be gasping to let the place out literally the next day in order to get a higher current market rent??

Not necessarily the next day... But if the rent is (say) £500/mo below market, you'll understand why he might not be willing to wait around too long while people fanny about...

If she's had the place 50 years - I wouldn't have thought a landlord would get that uptight about doing so for 1 month more?? I guess the way to deal with that could be to offer the landlord 50% of the difference between "her" rent level and the "current market rent" level on top of her normal rent for 1 month?

Yep - or even market rent for a month or two. It shouldn't take longer than that, no matter how stuffed it is. It doesn't have to all be sorted in fine detail in situ - just an immediate rough sort, then go through the rest in detail later, elsewhere.

Remember, the executor needs to have a full inventory of her estate before probate can be granted. Who knows what valuables are lurking at the back...?

davidmcn

moneyistooshorttomention wrote: »

It is quite possible there might be a cashflow problem because of that.

I can understand it wouldnt work out for her to leave a cheque there to cover a months rent because of this. But - she could leave sufficient cash in the place (and telling OP where it is) to cover a months rent.

The landlord can just wait, like any other creditor in the estate. They're not going to get possession any faster just because the executors are late in paying the rent.

moneyistooshorttomention

davidmcn wrote: »

The landlord can just wait, like any other creditor in the estate. They're not going to get possession any faster just because the executors are late in paying the rent.

Possible - but not fair on the landlord (ie because of having to wait for rent due to be paid to them because of circumstances that are nothing to do with them).

I'm assuming that a months rent (even if at current market rent level) wouldnt come to more than, say, £1,000? So, presumably, not that big a deal to leave that amount of cash sitting there in the house for rent come the time?

Teapot55

Doody wrote: »

Greetings,

could I have some advice for my husband regarding his elderly and ailing mother's home?

She has a house she has rented for about the last 50 years so has a protected tenancy. I do not know details. My husband does not anticipate her living much longer and is concerned about getting her house cleared to hand back to the owner. It is full of the possessions gathered over that time. Some of which are valuable family photos and papers, much is tat.

How long does the family have to clear the house?

When the second of our parents died my sister & her OH did the clearing of the large stuff that nobody wanted, to the tip etc. I did the liaison with family, friends & neighbours over 'recycling' of useful and/or sentimental larger items like the fridge/freezer & the grandmother clock. For practical communication purposes we kept a notebook in the kitchen with a list of planned destinations of items. My sister liaised with the buyer re what to leave (would be the landlord in this case of course).

I did the fine toothcomb bit . . . clearing out drawers & cupboards. I took clothes to the British Heart Foundation shop. They take good stuff & tatty stuff as long as it is all clean. (They can recycle the tatty stuff). I enquired at the older persons ward where my father had been and they were very grateful for pyjamas and underwear in good condition. One of our relatives was working as a volunteer at a homeless project & my father's best suit went to a young homeless man who had need of it for a family funeral. (I have not mentioned emotions etc as this is a property thread). Lots & lots of kitchen equipment, presents from the silver & golden weddings & ornaments went to the British Heart Foundation.

All the remaining stuff from drawers & cupboards went home with me to the house I share with my OH. I go through it periodically & am gradually getting rid of most of it as appropriate eg financial papers now a reasonable period has elapsed.

Miss_Samantha

davidmcn wrote: »

The landlord can just wait, like any other creditor in the estate. They're not going to get possession any faster just because the executors are late in paying the rent.

The landlord might not need a court order to take possession back...

theartfullodger

Miss_Samantha wrote: »

The landlord might not need a court order to take possession back...

How so, please?

davidmcn

moneyistooshorttomention wrote: »

not fair on the landlord (ie because of having to wait for rent due to be paid to them because of circumstances that are nothing to do with them).

Every other creditor has to wait because of the deceased's "circumstances", what makes the landlords special? I doubt the landlord of a protected tenancy is going to be suffering any particular hardship.