How can I serve notice on a deceased tenant?

by Readers Question

14:31 PM, 14th February 2013
About 6 years ago

How can I serve notice on a deceased tenant?

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How can I serve notice on a deceased tenant?

A tenant of mine of some 18 years has died 🙁

He was under the care of social services with a reading age of 8 or 10. He died without leaving a will.

Nobody from social services will give me official notice that the tenancy is to end.

What is the law on this?

The basis of the tenancy is a statutory periodic.

The problem now is that I don’t know how to end the lease with out someone possibly jumping out of the woodwork shouting and wanting compensation.

There are no known relatives around but as you can guess when money is involved scavengers soon start crawling out of the woodwork.

Please help

Howard Duckworth



Comments

16:10 PM, 14th February 2013
About 6 years ago

If the tenancy was created in 1995 then by default it will be an 'assured' tenancy, so a critical question is - was a section 20 notice served before the tenancy began, making it an assured shorthold?

If it is an assured shorthold, you are safe as there are no succession issues. If it is just an 'assured' then that does indeed open a can of worms as children may have a right of succession under the laws of intestacy. I would refer you to this link http://england.shelter.org.uk/get_advice/families_and_relationships/when_someone_dies/if_a_tenant_dies/succession_rights#6
I would suggest you have a choice - a complex 'safe' option which would include assorted investigations to ascertain the existance of anyone who may have a right of succession.
or a 'reasonably safe' option, which is to clear the property and prepare it for re-letting. 'Reasonably safe' is not 'safe'.

Industry Observer

14:13 PM, 15th February 2013
About 6 years ago

There are no succession rights on a 1988 Act full Assured Tenancy, only on Protected, Regulated or Secure tenants who pre-date the 15th January 1989 for a tenancy start date - and have retained their rights.

The only accession under a full 1988 Assured Tenancy would be a joint tenant under Law of Survivorship

To terminate the tenancy serve notice on The Estates of xxxxxx and if all else fails serve it at the property address. If uncertain serve both a s21(4)(a) and a section 8 notice Ground 1 making reference to the other notice in each one. Serve on same day and I would suggest dating them both 31st May

Barry Hepple

8:26 AM, 16th February 2013
About 6 years ago

Am I missing something here... if he had 'a reading age of 8 or 10', how could he have effected a contract?

0:14 AM, 17th February 2013
About 6 years ago

I have typed the correct answer to this question using my Facebook account, but it has not shown up on this page but my own Facebook page. Elizabeth Rowland. Unfortunately, it took me a while to do as using an IPAD and I can't cut and paste. If you still need help, I am happy to re-type as the advice below is incorrect.


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