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Comments
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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. - Great, so offer to end the tenancy at a time of their choosing. The door alone is £750 + VAT, plus in all likelihood 2-3 months at least paying a mortgage without rent. - Why 2-3 months?
I cannot see me being able to pursue the lost rent from the family (nor would I really want to) - no you pursue the estate! how many times . I am more looking for advice on who is reasonably responsible for stuff.
You are responsible for the security of the house.0 -
The police won't pay for the door, that's a fact.
They were called to gain entry because of concerns for the tenant, so forced an entry. That's the end of it from their point of view as the call wasn't malicious and did turn out to be a problem they had to solve.
The tenant wasn't "at fault" for the police breaking down the door either - they weren't doing anything illegal.
If they'd broken in because the tenant was a drugs dealer they were after, you'd be able to pursue the tenant for it as they were the cause of the damage.
This is just one of those things .... it's tax deductible as a cost to your business.0 -
I take it you didn`t know the tenant well, as money seems to be your main concern here?0
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Check your insurance policy. Some cover damage caused by the emergency services, some don't.
Your priorities are
1) make the property secure
2) establish who the Executers of the will are, or if no will, who the Administrator is going to be
Then you negotiate with the executer/administrator:
3) to get the property cleared
4) to agree a tenancy end date
5) to get the rent paid up till that date
6) to return the deposit/agree deductions (the door?)
Now how sympathetic/legalistic you tae this is up to you. If you know or find out that the deceased's estate has no assets (eg to pay rent) you may wish to put pressure on the executers to do 3& 4 rapidly, as 5 will not happen.
Or you may choose to give them time to grieve, come to terms with the loss, make their decsions etc.
edit: some posters above seem to be suggesting you are not acting sufficiently sympathetically (eg just worried about money). I don't see that in your post. You seem to me to simply want to understand your position & obligations, which is just sensible. It's not a scenario landlords come across tha often.0 -
I did not know the tenant at all - I am however, aware that she is not well off at all hence why I don't mind payment coming from the deposit (which was put up by the local authority) but have no interest in pursuing her estate. I was hoping the insurance might have been an option.
I can assure you money is not the important thing here, but there is also a limit to what I am able to cover.0 -
There's some rather unkind and unfair comments towards OP in this thread; hardly his fault the tenant died in his property and from his posts it sounds as if he's trying to deal with a difficult situation as sensitively as he can (which ultimately looks anyway as if he'll have to pick up the bill for the damage done to his front door.)
OP, I'm afraid that landlords are considered by some to be the devil incarnate, no matter how much they try to deal fairly with their tenants.
A cunning plan, Baldrick? Whatever it was, it's got to be better than pretending to be mad; after all, who'd notice another mad person around here?.......Edmund Blackadder.0 -
Missus_Hyde wrote: »There's some rather unkind and unfair comments towards OP in this thread; hardly his fault the tenant died in his property and from his posts it sounds as if he's trying to deal with a difficult situation as sensitively as he can (which ultimately looks anyway as if he'll have to pick up the bill for the damage done to his front door.)
OP, I'm afraid that landlords are considered by some to be the devil incarnate, no matter how much they try to deal fairly with their tenants.
OR and here's a little tip, the LL is a commercial provider (no different to Sainsbury's) and therefore is expected to accommodate business expenses.
You are making it personal, the rest of us as simply viewing this as a commercial interest.0 -
I did not know the tenant at all - I am however, aware that she is not well off at all hence why I don't mind payment coming from the deposit (which was put up by the local authority) but have no interest in pursuing her estate. I was hoping the insurance might have been an option.
I can assure you money is not the important thing here, but there is also a limit to what I am able to cover.
Unless ask the executors to pay up (which you say you don't want to) you'll have to suck it up. If you can't afford it you should get out of the LL business.0 -
http://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/
You should serve a section 21.0
This discussion has been closed.
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