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Time to clear rented house after death
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I can see the logic...theartfullodger wrote: »
How so, please?Miss_Samantha wrote: »The landlord might not need a court order to take possession back...
Tenant is deceased, so tenancy has ended.
Nobody in residence, so nobody to gain possession from.
There's just the question of the contents that they left in the property when they ceased to be in residence.
...but whether it has any validity is another question.
This article would suggest that it fails on the very first assumption there. The tenancy is part of the tenant's estate, and would need to be terminated by the executor. The landlord can issue s8 ground 7 (death of tenant...) - I presume that would still apply on a long-term protected tenancy such as this.
http://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/0 -
Nope, tenancy has not ended: see....I can see the logic...
Tenant is deceased, so tenancy has ended............
http://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/?doing_wp_cron=1481212163.5358519554138183593750First off – a tenancy does not end when the tenant dies.
It continues until ended by executors or landlord by court action... (unlike in Scotland where death of tenant does mean end of tenancy)0 -
Did you read beyond that first couple of sentences?theartfullodger wrote: »Nope, tenancy has not ended0 -
Yes, indeed, I read it in full: Yes, landlord can gain possession under ground 7: But no, tenancy has not ended and does not end in England on the death of tenant.
Perhaps bonkers, undoubtedly not what most people would want or expect, but the legal reality.
Best regards to all.0 -
theartfullodger wrote: »It continues until ended by executors or landlord by court action... (unlike in Scotland where death of tenant does mean end of tenancy)
I wrote 'might' in my previous post because from the time the tenant spent in the property the tenancy must be a Rent Act tenancy and I do not know what happens to such tenancy in these circumstances.
If the tenancy was an assured (shorthold) tenancy the landlord would definitely not require court action to end the tenancy as it would have ceased to be assured (so no s.21 or s.8) and there would be no resident at the property.0
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