|
|
Question Title: Tenant dies
| Question: 104 |
| A tenant in a property that I manage sadly died recently. I have not received rent for the property for the past two months. The tenant lived alone but has a grown up son who I have not been able to contact. What should I do?
|
| Answer: |
| This situation in legal terms is known as Succession. Under the rules for succession for assured and assured shorthold tenancies, the person who inherits the tenant's estate may inherit the remainder of the tenancy. If the fixed term of the tenant has expired, only a spouse or common law spouse may continue to occupy. You really need to explore all avenues available to locate the son so that you can issue notice to terminate the agreement - he has no right to retain after the fixed term has expired. If the tenancy has become periodic you may obtain possession under Ground 7 of the Housing Act. This is a mandatory ground which means that providing the requirements of the ground are proved the court has no discretion but to award possession. Ground 7 states that the tenancy is periodic and that the tenant has died. There is also grounds for possession for reasons of rent arrears. If you are not successful in locating the son or other relative you may have to consider that abandonment has taken place and act accordingly.
|
|
References:
|
Pages:
|
Hyperlinks:
|
|
Letting Update Journal |
Jul 2003 page 26 |
letting-update-journal.html
|
|
Letting Handbook |
Chapter5 |
letting-handbook-and-factsheets.html
|
For more information, discuss on the Forum
|
|
