Tenant deceased – permitted occupier not paying rent?

Tenant deceased – permitted occupier not paying rent?

10:54 AM, 7th March 2023, About A year ago 7

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Hello, I have recently been notified that the tenant on the agreement has passed away following no rental payments. His son (who is over the age of 21) was a permitted occupier, is refusing to agree a new tenancy and is not paying rent.

Is a section 21 still applicable? Where do I send it – and to whom?

If the son does pay rent, am I automatically creating a new agreement?

Ideally, I would love to have vacant possession.

Thank you,

Matt


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Comments

Dennis Forrest

13:35 PM, 7th March 2023, About A year ago

Send text or email to son. You might have read or heard 'the best things in life in are free' but this does not apply to my property. I now regard you as a squatter. All door locks have been changed. You can pick up you belonging from xxxxx.

Reluctant Landlord

14:19 PM, 7th March 2023, About A year ago

A permitted occupier is an individual authorised by the landlord to live at the rented property but isn't the tenant. A permitted occupier is not a party of the tenancy agreement. This means that the legal relationship of the tenancy is only between the landlord and the tenant.

‍Who can be a permitted occupier on a tenancy agreement?
A permitted occupier could for example be a tenant's partner and/or children. Whilst they are not a party of the tenancy agreement, their names will be added to the tenancy agreement in the permitted occupier section to confirm they have the landlord's authorisation to occupy the property.

Does a permitted occupier have to pay rent?
The tenancy agreement is between a tenant and a landlord and it is the tenant's responsibility to pay rent. A permitted occupier is not a party of the tenancy agreement and therefore does not need to pay rent to the landlord. A permitted occupier is not a subtenant or lodger either and should not pay rent to the tenant.


What is the difference between a tenant and an occupier?
A tenant has a set of basic rights and obligations such as the quiet enjoyment of their rented property in exchange for paying rent. A permitted occupier does not have the same rights and obligations as the tenant and is simply permitted to occupy the property with the tenant by the landlord.

‍‍

How do I remove a permitted occupier?
A permitted occupier is a person who is not a tenant but has permission to stay in the rented property. They have no legal rights to the property and are not required to pay rent to the landlord, the tenant is responsible for the permitted occupier.

If the tenant leaves the property the permitted occupier must too. If a tenant gives notice and a permitted occupier refuses to leave, the tenant is still liable for rent as they have not left the property in vacant possession. A landlord cannot request rent from the permitted occupier and must demand the rent from the tenant as the tenancy agreement is between the landlord and tenant. Requesting OR RECEIVING RENT from a permitted occupier may be held as granting them a tenancy as the landlord is treating the permitted occupier as a tenant.

The landlord can make an emergency application to the court for an interim possession order. If 24 hours after the order is served the permitted occupier has not left the property, the police may access the property and remove the occupier.

OR JUST give him notice of 24 hours then change the locks telling him where to collect his stuff.
If he threatens you withX Y Z then he has to prove there is a tenancy with you - there isn't no possible claim for anything therefore.

DPT

14:36 PM, 7th March 2023, About A year ago

The tenant's death doesn't end the tenancy. It continues in the estate of the tenant and although the Son was only a permitted occupier whilst the tenant was alive, he may now be the executor of that estate and his status may have changed. If he is still only a PO, then the last thing you should be doing is demanding rent from him. You have to demand it from the tenants estate.

You are going to need advice from a housing solicitor on this one.

Reluctant Landlord

16:08 PM, 7th March 2023, About A year ago

Reply to the comment left by David at 07/03/2023 - 14:36
ahhh yes - he might well be the executor. Different kettle of fish....you cant know for sure unless you ask him to provide evidence that he is either this or otherwise.

Angel

17:54 PM, 8th March 2023, About A year ago

The above is a really useful article. I've had it happen twice. The tenancy still has to be ended in accordance with the tenancy agreement. In both cases there wasn't a will, so I served the notice at the property (to the personal representative of...). Another copy went to the public trustee as there wasn't an executor. Check this out https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/if-your-tenant-dies-without-an-executor-or-a-will
It's important to check if there is a will first and for most so speak to the relatives and have a look on the gov website.

Steven Conway

11:55 AM, 9th March 2023, About A year ago

A tenancy does not come to an end because of a death. Find out if the son is an executor for the late father's estate or if he knows who is the executor. If not send either S21 or S8 if arrears are more the 2 months to The executor of the estate of the late (tenants name) and other occupiers. Also send this with the relevant form to the office of the public trustees.

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