Tenant died but adult son lives in flat and not paying rent?
A tenant of mine recently died, it is a two bedroom flat, and his 21 year old son lived with him. The son was not registered as living at the property, he is actually registered as living with his Mother at a different address.
The Son is not in a position to continue paying the rent.
I do understand that the current lease will pass to the ex-tenant’s estate and be handled by his representatives but, please could someone advise if the Son has any rights to continue living in the property if he doesn’t pay the rent?
Thank you,
Stephen
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Abandoned Property and keys left?
Member Since February 2011 - Comments: 3453 - Articles: 286
11:23 AM, 17th March 2016, About 10 years ago
Hi Stephen,
Have you spoken to the son and found out what his intentions are?
Member Since December 2014 - Comments: 14
12:38 PM, 17th March 2016, About 10 years ago
Hi Neil,
No, the Son has some psychological issues and I am meeting with him and his Social Worker this afternoon, 3pm, to discuss the best way forward.
Because of the situation, I am going to offer a 3 week rent free period to take some of the pressure off the Son but any advice on where I stand would be appreciated.
Cheers,
Stephen
Member Since December 2015 - Comments: 42
1:25 PM, 17th March 2016, About 10 years ago
What a sad situation and you are kind to offer the rent free period.
You don’t specify the tenancy type or whether its still in the fixed term?
I believe you need a Ground 7 notice to be issued, however, I would definitely seek legal advice – most solicitors offer a free consultation. The son is 21 and is likely only allowed a room allowance from the local authority, however, if he claims disability benefits and the council will allow, could the tenancy carry on with him?
Member Since December 2014 - Comments: 14
1:33 PM, 17th March 2016, About 10 years ago
Reply to the comment left by “Kelly Joanna” at “17/03/2016 – 13:25“:
Hi Kelly,
Sorry, good point, it’s an assured short term tenancy and the current 6 month period runs out on 29th April.
Yes, I’d be happy for the Son to take over the tenancy if Social Services think that would be appropriate but, it’s a two bed flat and I don’t know that the Council would pay the full £620 per month.
Cheers,
Stephen
Member Since December 2015 - Comments: 42
2:10 PM, 17th March 2016, About 10 years ago
I would express your willingness to carry on with his social worker, and they may apply for discretionary payments until alternate accommodation can be sourced if he is indeed a vulnerable person.
I would definitely seek legal counsel in this instance unless there are any other relatives that can assist.
Member Since December 2015 - Comments: 828
3:28 PM, 17th March 2016, About 10 years ago
he is a squatter? AST and not on tenancy? surely he has no right to be there at all–evict asap–squatting is a criminal offence–liaise with local police
Member Since December 2015 - Comments: 5
4:06 PM, 17th March 2016, About 10 years ago
…blimey, might ask Terry to deal with my non paying tenant too.
Member Since December 2014 - Comments: 14
4:16 PM, 17th March 2016, About 10 years ago
Met with Social Worker, advised that I would allow a 3 week rent free period to sort things. She is reporting him as homeless and promised not to advise housing about the 3 week rent window.
Fingers crossed I’m not giving someone enough rope to hang me 😉
Cheers,
Stephen
Member Since November 2014 - Comments: 24
8:04 PM, 17th March 2016, About 10 years ago
Stephen. What you are doing is laudable. I do think that there are times when you have to show kindness. This is one of them. That poor chap needs everyone’s support.
Member Since December 2014 - Comments: 14
8:40 PM, 17th March 2016, About 10 years ago
Cheers Philip,
Fingers crossed it doesn’t push me towards Terry’s philosophy on life ?