Large family moved in when father died?

by Readers Question

9:32 AM, 2nd December 2019
About 6 days ago

Large family moved in when father died?

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Large family moved in when father died?

A tenancy doesn’t automatically end when a sole tenant dies. When the son of a long term tenant informed us that the tenant had died we assumed that in due course the property would be cleared and the tenancy surrendered. What we weren’t prepared for was for the son to move in with his large family and three dogs and refuse to communicate with us slamming the door in our faces when we called to discuss the matter. ( the property is a small bungalow with one double and one single bedroom)

We have learnt that gaining possession is not straight forward. We were advised by one of the landlord associations to issue a section 21 notice giving the statutory notice of two months from a rent date. We were told to issue the notice in the name of the deceased. We would also be required to make an application to register the notice with the public trustee.

This we have done only to be informed by the public trustee that the notice was not addressed correctly. Rather than the deceased as advised by our landlords association it should have been addressed to, the representatives of………

Consequently, we will have to serve the notice again losing another month.

We may be fortunate to get our property back in five, probably six or seven months following notice, court process, bailiff, etc. With associated costs. All the while this family lives rent free and possibly doing untold damage.

We are not novice landlords . We have been landlords for nearly thirty years and have had mostly good tenants. We have had an elderly tenant die previously with no unexpected consequences.

Tom



Comments

Tom

16:25 PM, 3rd December 2019
About 4 days ago

Reply to the comment left by Michael Barnes at 03/12/2019 - 15:54
Thank you Michael. I will examine section 8, grounds 7 and 10.
We have always used section 21 previously because it appeared more straightforward.
Yes, I did discover the government guide but only after consulting our landlord’s association and serving a section 21 in the name of the deceased. Hence the apparent need to re-serve notice , to the representative of.....

Rob Crawford

22:57 PM, 3rd December 2019
About 4 days ago

I would suggest that if you serve a section 8 or 21 you have accepted a tenancy exists. But it doesn't and hence these are squatters!

Tom

7:52 AM, 4th December 2019
About 4 days ago

Reply to the comment left by Rob Crawford at 03/12/2019 - 22:57
Hi Rob,
Thank you for posting.
As I understand it the tenancy doesn’t end when the tenant dies but passes to the estate of the deceased. As a consequence, we have to deal with the representative of the deceased who would be the executor if there is a will . If there is no will it passes temporarily to the public trustee. Hence the need to send a copy of the notice to the Public Trustee .
At present I am awaiting responses from property specialists to act on my behalf so I can resolve this matter as soon as the law will allow.

Michael Barnes

23:51 PM, 6th December 2019
About A day ago

Reply to the comment left by Rob Crawford at 03/12/2019 - 22:57
A tenancy certainly exists, but not for the occupiers. That is why notice is not served on them.

Ground 7 explicitly allows rent to be received from the occupiers without creating a new tenancy for the purposes of that ground.

julie shepherd

10:58 AM, 7th December 2019
About 15 hours ago

Reply to the comment left by Michael Barnes at 06/12/2019 - 23:51
That makes sense, so presumably,the landlord could demand rent from the the estate of the deceased given that the executor (who I assume is the son of deceased) has failed to surrender tenancy.

Tom

12:09 PM, 7th December 2019
About 14 hours ago

Reply to the comment left by julie shepherd at 07/12/2019 - 10:58
That would be true but as there is no cooperation from the family, the only recourse is the legal route. The priority is to get the property back as soon as the law allows with no damage. The section 21 notice has to be lodged with the public trustee in the event that there is no executor and no will. Chasing after lost rent will add to costs without guarantee of any payment.

Michael Barnes

15:56 PM, 7th December 2019
About 10 hours ago

Reply to the comment left by julie shepherd at 07/12/2019 - 10:58
Yes.

The obligations of the tenancy transfer to the representatives of the dead tenant.

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