Have we got possession after death of tenant?
2 years ago | 4 comments
Widowed tenant in care home permanently?
12:02 AM, 10th March 2025, 1 year ago
11
Hi, I have a long term widowed tenant who went into a care home with dementia in August, for assessment. She has no children, and only a brother who is not our tenant.
Her social worker has told me that she will be staying at the care home and not returning. They will be arranging for her direct debit rent payments to me to stop shortly.
What rights do I have to clear out all her possessions, redecorate and re-let the property without her having given notice and no power of attorney for anyone else to do that?
Any advice would be greatly appreciated.
Thanks,
Malcolm
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Member Since December 2023 - Comments: 1575
9:34 AM, 10th March 2025, About 1 year ago
I’d contact an eviction specialist.
I believe your rights haven’t changed. You need a court order for possession or the tenant, next-of-kin or person with a Power of Attorney needs to surrender the tenancy. Until you have possession, rent is still payable.
Section 8 Ground 9 might be appropriate or Section 21 if it is available. Again, seek advice form an eviction specialist.
Member Since August 2016 - Comments: 508
10:28 AM, 10th March 2025, About 1 year ago
Potentially very tricky? Go to a SPECIALIST, not your friendly high Street chap.
Member Since October 2020 - Comments: 1137
10:30 AM, 10th March 2025, About 1 year ago
If she doesn’t have capacity, then a deed of surrender or NtQ from her may not be safe. You would need to check this as it’s otherwise your easiest option.
I would probably ask for something in writing from the SW confirming that she will not be returning and then probably go ahead and re-take possession on the basis of an implied surrender. It doesnt sound like there would be anyone to contest that anyway.
Member Since March 2015 - Comments: 120
10:37 AM, 10th March 2025, About 1 year ago
Ask the care home/social worker to pass your details to the next of kin and suggest they clear the property and surrender the tenancy.
Member Since March 2025 - Comments: 7
10:49 AM, 10th March 2025, About 1 year ago
What a shame for the lady that through a health issue she would not be safe in her own home! Definitely involve the family. Maybe you could go on to make some money through the sale of her remaining possessions which would help to pay for her care.
Member Since July 2019 - Comments: 14
11:02 AM, 10th March 2025, About 1 year ago
The first question to ask is if she is deemed to still have mental capacity as deemed by a Doctor (ask the social worker) if not they the next question is to ask If someone has a Lasting Power of Attorney (LPA) to manage her affairs. If they do then then they can surrender the tenancy (and give you the notice prescribed in your tenancy agreement) they should also arrange to remove all her belongings. If no one has a LPA and she does not have mental capacity then unfortunately no one (not even family) can legally end the tenancy and they/you would need to apply to the court of protection once granted the tenancy can then be surrendered. Rent continues to be due. If the tennent stop paying the rent then you can apply for possession via a section 8 after 2 months.
Member Since March 2025 - Comments: 7
11:10 AM, 10th March 2025, About 1 year ago
Has this lady made a will? This should indicate whether she has paid to have someone managing her affairs as an attorney.
Member Since September 2018 - Comments: 3508 - Articles: 5
11:57 AM, 10th March 2025, About 1 year ago
contact bother as the NoK (by the sound of it) and tell him what the social worker has said to you.
Explain that the rent is due until the tenancy is surrendered and offer him the option of doing so asap, while giving him time to remove the belongings. Explain you will give him 2 weeks after surrender signed to do this.
OR he can give one months notice, pay the rent up to the end date agreed and this way he has a month to empty the property and then hand over the keys
Member Since April 2023 - Comments: 174
1:51 PM, 10th March 2025, About 1 year ago
Definitely go back to the social worker. I have had experience with an elderly friend and if the social worker has deemed the lady has to be in a care home and will be stopping the direct debit you may find that the social worker/ their office has the power to dictate how this lady will live and probably has total authority over her and thus should be responsible for letting you know what to do with her belongings and ceasing the contract.
Member Since April 2023 - Comments: 174
1:56 PM, 10th March 2025, About 1 year ago
I would not approach the brother. You have no idea what relationship they had.