Have we got possession after death of tenant?

by Readers Question

9:41 AM, 28th March 2024, 2 years ago 4

Categories:

Advice Landlord News Landlords Questions Lettings & Management

Hi, I’m very much an accidental joint landlord with my brother. The flat we had was rented through a letting agent however at the beginning of the year our tenant sadly passed away.

The church acting on behalf of the tenant’s estate has now cleared the flat and handed back the keys. I was told this means the late tenant’s third party have surrendered the tenancy. But there was nothing signed – no paperwork. But apparently, that is how it is done with all their surrendering agencies.

Thank you in advance any comments or assistance would be greatly appreciated.

Rosalinda

Share This Article

Tags: death of tenant, lettings agent, property ownership, tenant surrender

Cider Drinker Read Full Bio

Member Since December 2023 - Comments: 1661

9:45 AM, 28th March 2024, About 2 years ago

My tenant passed away recently. I got the Executors (personal representatives) to sign a surrender document. Without this, I would have written to the Public Trustee etc.,

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/if-your-tenant-dies-without-an-executor-or-a-will

1 Report Comment Reply
John Mac Read Full Bio

Member Since October 2018 - Comments: 149

10:31 AM, 28th March 2024, About 2 years ago

As above you should get a signed surrender document from the executors of the estate, to cover yourself.

Were the church the legal executors?

1 Report Comment Reply
Laurence Stevens Read Full Bio

Member Since September 2022 - Comments: 14

11:40 AM, 28th March 2024, About 2 years ago

What became of the Deposit?

1 Report Comment Reply
Cider Drinker Read Full Bio

Member Since December 2023 - Comments: 1661

9:43 AM, 31st March 2024, About 2 years ago

Reply to the comment left by Laurence Stevens at 28/03/2024 – 11:40
The deposit is a separate issue. In my case, I don’t take deposits and it wouldn’t have covered 5% of the damage anyway.

The Executor or the personal representative of the deceased and the landlord should sign a surrender document. This releases the deceased’s Estate from their liabilities and frees up the landlord to access to the property.

If there was a deposit, it should be dealt with by the Estate requesting its return via the DPS as normal.

2 Report Comment Reply

4 comments on this article

Learn from your peers’ experience

A different perspective could help you spot an issue, avoid a mistake or find a better way forward. Read the comments and add your own views if you wish.