Tenant in hospital

[bil8999]

Hi to all 

Tenant has had to go into hospital, been told that she may not be coming out.

Spoke to next of kin, not interested!!!, sad.

Question, what is my legal step, if she dies, how long before I can remove all goods from her flat, assuming that all items belong to her, she had a partner that would stay over some times.

Thanks in advance

 

 

 

[Melboy]

Most local authorities give  a period of 14 days grace to clear the property. I have personal experience of this and it does appear to be the norm.

In your case you will have to inform next of kin that the house does need to be vacated of furniture asap and within an agreed time-frame.  The deposit money should cover the period of lost rental income. Tell next of kin that that the deposit money will be going to the executor of your tenant's estate.

Marvellous how the thought of some  money coming to them stirs the reaction process to act quickly to your vacating notification!

[Grampa]

If housing benefit is being paid it has to be paid up to the following sunday after death.

Death does not legally end the tenancy and the estate is responsible for the rent until the tenancy is legally ended.

Though in reality a lot of the time the landlord working with the relatives comes to an arrangement to clear the property but this can come with a risk if there are items of value etc in the property and just giving the keys to relatives could put some liability on the landlord if there was a claim or dispute between relatives or beneficiaries of a will.

 

[Melboy]

1 hour ago, Grampa said:

 

Though in reality a lot of the time the landlord working with the relatives comes to an arrangement to clear the property but this can come with a risk if there are items of value etc in the property and just giving the keys to relatives could put some liability on the landlord if there was a claim or dispute between relatives or beneficiaries of a will.

You should only deal with the Executor  acting for the deceased person. The executor will have to produce the legal certificate or evidence that they have sole authority to deal with the deceased person's estate. A verbal guarantee is not acceptable. By doing this the landlord has no responsibility for any dispute that may arise and can refer all questions and queries to the Executor.

1 hour ago, Grampa said:

 

 

[bil8999]

Thanks for the info, much needed.

[Grampa]

11 hours ago, Melboy said:

You should only deal with the Executor  acting for the deceased person. The executor will have to produce the legal certificate or evidence that they have sole authority to deal with the deceased person's estate. A verbal guarantee is not acceptable. By doing this the landlord has no responsibility for any dispute that may arise and can refer all questions and queries to the Executor.

 

I agree.