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Tenant Sadly Deceased

Good morning,

I have been a Landlord for a number of years without any hassle (just the usual ad-hoc maintenance and Gas/Electricity checks).

Very sadly over the weekend the tenant died in the property, unfortunately the police had to gain access by smashing the front door (frame and door destroyed). They died from natural causes and there are no additional issues / investigations (apart from the usual police reports etc).

I am going to speak with Direct Line this morning - does anyone have any experience of making a claim for damage to the door in this situation? Also, the tenant was on Housing Benefit - will the property clearance ultimately be my responsibility, the authority or next of kin?

The deposit is quite small and would not cover the work - plus, there will be some probate procedures to go through (as she has a daughter) and to be honest I don't want to start talking money with them as this is distressing enough for them.

Any advice or things I should be doing would be greatly appreciated - It is let through an agency and I they *seem* to be on top of things.

Many thanks
«13456

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    I think it's likely not to be an insured risk (it's not criminal damage, for example), and I doubt tenants have an obligation not to die behind a locked door, so it may be your problem.


    You'll need to give the executors a chance to clear the property (any possessions etc belong to the estate), you can only take possession after the lease has been terminated in one of the usual ways.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Ultimately, the usual rules apply.

    If there are costs arising from returning the property to the expected condition at the end of the tenancy (normal wear and tear apart), then the tenant is responsible for them. Where the tenant is deceased, then their estate is liable for the costs. If the tenant's estate cannot cover the costs, then the debt is not recoverable from anybody else. The deposit you hold is an asset of the estate, less any legitimate deductions.

    Property clearance is the estate's responsibility - the contents are assets of the estate, and any cost you as landlord incur in disposing of unwanted contents is a legitimate deduction from the deposit, just the same as if the tenant had done a runner.

    Likewise, you'd be entitled to demand rent for the period until notice is deemed served.

    The question is more a moral one of how far you take it...
  • xylophone
    xylophone Posts: 44,232 Forumite
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    unfortunately the police had to gain access by smashing the front door (frame and door destroyed).

    They couldn't have called a locksmith?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Technically, the tenant still has a home they are renting from you - just because they died doesn't mean you can waltz back in to "your property", so you need to find out soonest how to end that tenancy - what does the tenant's daughter want to happen? What timescales?

    The fact no rent is being paid by HB doesn't change the basic law.

    You need to cross the t's and dot the i's, in case you do something catastrophically wrong through not knowing.
  • xylophone wrote: »
    They couldn't have called a locksmith?

    It depends whether they were concerned for welfare of the person inside (hurt, fallen etc) or knew they were dead. if they were concerned someone was inside needing emergency help, then no, they won't wait for a locksmith.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    BaileySJ wrote: »
    Good morning,

    I have been a Landlord for a number of years without any hassle (just the usual ad-hoc maintenance and Gas/Electricity checks).

    Very sadly over the weekend the tenant died in the property, unfortunately the police had to gain access by smashing the front door (frame and door destroyed). They died from natural causes and there are no additional issues / investigations (apart from the usual police reports etc).

    I am going to speak with Direct Line this morning - does anyone have any experience of making a claim for damage to the door in this situation? - unless the police wish to pay for it? Also, the tenant was on Housing Benefit - will the property clearance ultimately be my responsibility, the authority or next of kin? - Uhm well that's the estate, so it's executor who would arrange it. Certainly NO-ONE else has any right to touch or take it

    The deposit is quite small and would not cover the work - what work? - plus, there will be some probate procedures to go through (as she has a daughter) and to be honest I don't want to start talking money with them as this is distressing enough for them.

    Any advice or things I should be doing would be greatly appreciated - It is let through an agency and I they *seem* to be on top of things.

    Many thanks



    Nothing has changed, you need to secure the property and the tenancy continues
  • I'm not intending to 'waltz back in' - I am just trying to be decent to the family who has lost someone whilst being mindful of the fact that this is likely to be quite costly for me. The door alone is £750 + VAT, plus in all likelihood 2-3 months at least paying a mortgage without rent.

    I cannot see me being able to pursue the lost rent from the family (nor would I really want to). I am more looking for advice on who is reasonably responsible for stuff.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    BaileySJ wrote: »
    I cannot see me being able to pursue the lost rent from the family

    No, you can't. You can only pursue it from the estate of the deceased tenant. This is a very important distinction... It doesn't move from being the deceased's estate to being the property of those who inherit until all debts are settled, and all assets are gathered in. That's when the executors know how much (if anything) can be distributed.
    I am more looking for advice on who is reasonably responsible for stuff.

    As with any end of tenancy - the tenant, then you.
  • Slithery
    Slithery Posts: 6,046 Forumite
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    Rent is still due until the tenancy is properly ended, you should be putting in a claim for this from the deceased's estate.
  • saajan_12
    saajan_12 Posts: 3,611 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    The money can be sorted later, the immediate issue relating to the tenancy is what happens to the house. Talk to the daughter / executor re

    1) when they can clear the house and access arrangements

    2) termination date.. serve notice or even better, agree a mutual termination with the executor so the estate stops being liable for rent and you can re rent the property without waiting for 1-2 months for notice to expire.

    3) The estate is liable for the full rent until termination and any damages / cleaning costs. You have to return the deposit less these deductions to the estate.
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