Tenancy after death

[peaofsweetness]

Hi

My Uncle died on 20 December 2013. His agents were informed immediately by me, his neighbour, the police, the Coroners Office and following my letter to the council re council tax, Birmingham City Council.

I sent the agents my late Uncle's death certificate and keys and explained that the property was now vacant.

On 28 March, the agents sent my late Uncle a rent invoice for unpaid rent.

I wrote explaining they had already been notified of his death and to update their records obviously removing the invoice.

They wrote back stating that the account was still open until I returned the keys and that three months rent was now due.

In the three months since my Uncle died, the agents never acknowledged his death, never sent any other unpaid rental reminders etc. I feel they are rather taking advantage of the situation.

It's particularly sad as my Uncle lived at this house for the whole of his life (76 years), with his parents being tenants beforehand. He always paid his rent on time, yet the house hadn't been remotely modernised having old dilapidated wooden windows, no heating, mould, non functional kitchen and bathroom, etc.

I would be grateful if anybody could let me know where I stand on this one.

[Grampa]

Well legally the tenants estate would still be responsible for any fixed term left on the tenancy.

A tenancy doesn't just end because someone has died and it can take sometime before the property is cleared out. If the tenancy was running on a month to month basis the agent or landlord would/could hold the tenants estate responsible until the keys are returned and then maybe to the end of the rent period. (next rent due day)

[Richlist]

Yes that is pretty much my understanding....

The deceased estate is responsible for rents either....

1. To the end of the fixed term of the tenancy agreement OR

2. If the tenancy is periodic then 1 full calender month.

Of course in reality the matter can be more complex e.g......sorting out a deceased estate can take many months, other occupants moving out, house clearance, probate, access to estate funds etc etc.

[Mortitia]

I agree with the above advice but from what you write peaofsweetness it sounds like your uncle was a 'regulated tenant' with no formal agreement and probably paying a very low rent.

If this is the case the the landlord may be happy to get the property back but on the other hand intend to screw every last penny out of the deceased's estate. There is little sentimentality in business so accept that and act accordingly.

Who is living in the house now - anyone?

Don't if you have written giving notice keep all copies of correspondence and wait until the LL tries more formal methods of debt collection such as a court application. I'll guess they won't.

[Richlist]

Good point Mortitia......on re-reading it does sound like its a regulated tenancy.

If thats the case, in your shoes, I'd go get some legal advice from a solicitor who specialises in property. One appointment should be all that is required to receive advice on the legal position.

[Melboy]

Having dealt with something similar with my late MiL I sent the copy of the death certificate plus covering letter plus the fact that the property would be vacated cleared of furniture etc. within 2 weeks. The rent would be paid up until that date and the keys handed back with meter readings and all utility companies and the tax office would be informed.

I handed the keys back as stated on time and that was that.

It was accepted and nothing else was heard afterwards.

Your late uncles rent account cannot remain open after his death if all parties who need to know this have been informed.

That includes the DWP and HMRC.

"They wrote back stating that the account was still open until I returned the keys and that three months rent was now due"

However you should have returned the keys much sooner and 3 months after his death is far too long and for that you will probably have to pay this outstanding invoice.

[Grampa]

If it was still in the fixed term the landlord could hold the estate liable until the end of the fixed term though in reality most reasonable landlords are happy to accept it as ending when given back.

[Richlist]

Your late uncles rent account cannot remain open after his death if all parties who need to know this have been informed.

Is that the legal position for regulated tenancies Melboy ?

I was under the impression that with AST's the contract is not cancelled automatically on death, irrespective of who has been informed. Its contract law that takes precedent. However, as Grampa has posted, it can be terminated at ANY time by agreement with the landlord.

[Melboy]

Your late uncles rent account cannot remain open after his death if all parties who need to know this have been informed.

Is that the legal position for regulated tenancies Melboy ?

I was under the impression that with AST's the contract is not cancelled automatically on death, irrespective of who has been informed. Its contract law that takes precedent. However, as Grampa has posted, it can be terminated at ANY time by agreement with the landlord.

Not sure about the legality of the actions.

MiL had been with a private landlord/ tenant for 30 years and the Council were paying her rent as she had no savings or assets.

Never really thought about AST's just did what I thought was the natural thing to do when a person dies.

Council and DWP stop all pension payments etc. etc. so there would have been no money for the landlord even if he had wanted it.

The subject never came up after her death.

I know she never had an inventory and I never did find a tenancy contract with the clear out.

[Richlist]

OK thanks that clarifies the situation.

With AST's......liability for payment is with the tenant or in this case the deceased estate. If there is no money in the deceased estate the responsibility for payment ends there ie it is not transferrable. If there is money in the estate the rent remains due (period will depend on wether fixed or periodic) unless its mutually agreed between executers & landlord to end liability early or waive any payment thats due.

Regulated tenancies, of which the original post seems to refer, MAY be subject to a different set of rules.

[Grampa]

Housing benefit will pay to the following Sunday after someone dies, not a lot but every little bit helps.

[Richlist]

Fortunately I've never been faced with a tenants death.

It seems to me that it would be a hard hearted landlord that insisted on rent payments continuing for any great length of time. I suspect most reasonable landlords would try to be as flexible as possible given the circumstances and a couple of weeks would not seem unreasonable given the need for family/ executors to clear possessions and organise things.

[Grampa]

I have had about 4/5 tenants die (2 in one property) I explained the legal position to the landlord and they all did the right thing and ended the tenancy on getting the keys back. I agree it would be a hard hearted landlord who enforced the fixed term.

[Melboy]

I can tell you for a fact that Bexley Council give you two weeks to clear the house of all possessions.