Carer/partner won’t leave after tenant died?

Hi First dont refer to the charge as rent as legally that can imply a tenancy. Use the term Use and Occupation charge.
The council use this tactic so ensure the occupier will not be immediatley homeless within 28 days.
How has the tenancy ended did the tenants executor give you Notice orherwise you will have to serve notice on the punlic trustee so that rhe tenancy can be ended legally anyway.
Write to the occupier and tell them they have 4 weeks to leave if they do not you will need a court order to evict you will get Possession as the occupier has no rights to be there.
You can claim any outstanding rent arrears from the ex tenants estate.
Also just because its an Assured Shorthold tenancy doesnt mean there are no succession rights as there is a statutory right that applies to spouses and civil partners or cohabitees, if there is a succession by law then you can continue with S21 and the debt will passed to the partner.
The Shelter website has a lot of info but you may want to get some legal advice if it goes down the court route

Reply to the comment left by Daniel Lewis at 15/08/2023 – 09:54“if there is a succession by law then you can continue with S21 and the debt will passed to the partner.”
Don’t agree. The rent arrears debt is a debt due from the estate of the deceased tenant. It doesn’t “attach” to a succession tenancy. Would be different in a survivorship (joint tenancy) case as no new tenancy comes into existence.

Reply to the comment left by Daniel Lewis at 15/08/2023 – 09:54
Thank you Daniel. I completely forgot about serving an NTQ on the public trustee, we could try that.

We have not received any notice so the tenancy is still running.

Reply to the comment left by Julesgflawyer at 15/08/2023 – 10:27
Oops yes your right it is not a joint a tenancy.

Reply to the comment left by Julesgflawyer at 15/08/2023 – 10:27
Ignore. Under s17 HA 1988 the tenancy vests in the successor. So the rent arrears could be relied on for s8 possession proceedings but the successor might well have a defence to a personal claim for the historic debt that accrued before the death of the original tenant is

Hi Mek, I am somewhat puzzled as to why you have simply accepted what the occupier/ partner has stated regarding the council’s inability to assist them?
The council have a DUTY to assist anyone who is homeless or AT RISK OF HOMELESSNESS, in accordance with the Homeless Reduction Act 2017 and s195 Housing Act 1996!
https://www.gov.uk/guidance/homelessness-code-of-guidance-for-local-authorities/chapter-12-duty-in-cases-of-threatened-homelessness-the-prevention-duty#:~:text=12.1%20Section%20195%20of%20the,prevent%20them%20from%20becoming%20homelessness.
Based on the information you have provided, I suggest you ascertain who the Service Director / Head of Housing Options / Homelessness is at the local authority and contact them to advise the following:
1. The council is in breach of its statutory duty to Prevent the homelessness IF they have simply informed the occupier to remain AND have taken no steps to Prevent the homelessness.
2. Ask the occupier to detail EXACTLY what the council advised them and whether a PHP- Personal Housing Plan has been completed as the PHP is essential to the PREVENT DUTY
3. This abrogation of their STATUTORY duty may well be grounds for a Judicial Review of the council’s advice to the occupier.
The threat of a ‘JR’ is usually sufficient to make a council housing/ homeless team quake in their boots and actually comply with their statutory homeless duties to ADVISE PREVENT and/ or RELIEVE.
Good luck.

Reply to the comment left by Ma’at Housing Solutions at 15/08/2023 – 11:57Thank you for the very helpful info.
We definitely will be pursuing the council. This was only passed to me yesterday and so my OP was all the information I had at the time.

If the partnew or whatever pays you any money for their occupation of the propertt you can accept it BUT you must give a receipt and on the receipt advice that the money is to be treated as MESNE profits (Google it) – these are basically receipts of money for occupation that is unauthorised. Do not refer to it as rent or you will have started an new tenancy.

Reply to the comment left by Mek Kah at 15/08/2023 – 11:23
On the face of it, it looks like this letter may have inadvertently created a new tenancy agreement with the surviving carer/partner. In which case they have an automatic right to a minimum 6 months. This might be the time to engage the help of a solicitor who is well versed with tenancy law.

The executor(s) are responsible for the rent until such time as you get vacant possession.
Hindsight is a wonderful thing but the live in carer should have been noted on the tenancy as a permitted occupier only for as long as required by the tenant.
If the carer has no tenancy rights, then is deemed a squatter.

Did your tenant receive a carers allowance?