Tenant died but adult son lives in flat and not paying rent?

by Readers Question

11:21 AM, 17th March 2016
About 3 years ago

Tenant died but adult son lives in flat and not paying rent?

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Tenant died but adult son lives in flat and not paying rent?

A tenant of mine recently died, it is a two bedroom flat, and his 21 year old son lived with him. The son was not registered as living at the property, he is actually registered as living with his Mother at a different address.deceased

The Son is not in a position to continue paying the rent.

I do understand that the current lease will pass to the ex-tenant’s estate and be handled by his representatives but, please could someone advise if the Son has any rights to continue living in the property if he doesn’t pay the rent?

Thank you,
Stephen



Comments

Neil Patterson

11:23 AM, 17th March 2016
About 3 years ago

Hi Stephen,

Have you spoken to the son and found out what his intentions are?

Stephen Barham

12:38 PM, 17th March 2016
About 3 years ago

Hi Neil,

No, the Son has some psychological issues and I am meeting with him and his Social Worker this afternoon, 3pm, to discuss the best way forward.

Because of the situation, I am going to offer a 3 week rent free period to take some of the pressure off the Son but any advice on where I stand would be appreciated.

Cheers,
Stephen

Kelly Joanna

13:25 PM, 17th March 2016
About 3 years ago

What a sad situation and you are kind to offer the rent free period.
You don't specify the tenancy type or whether its still in the fixed term?
I believe you need a Ground 7 notice to be issued, however, I would definitely seek legal advice - most solicitors offer a free consultation. The son is 21 and is likely only allowed a room allowance from the local authority, however, if he claims disability benefits and the council will allow, could the tenancy carry on with him?

Stephen Barham

13:33 PM, 17th March 2016
About 3 years ago

Reply to the comment left by "Kelly Joanna" at "17/03/2016 - 13:25":

Hi Kelly,

Sorry, good point, it's an assured short term tenancy and the current 6 month period runs out on 29th April.

Yes, I'd be happy for the Son to take over the tenancy if Social Services think that would be appropriate but, it's a two bed flat and I don't know that the Council would pay the full £620 per month.

Cheers,
Stephen

Kelly Joanna

14:10 PM, 17th March 2016
About 3 years ago

I would express your willingness to carry on with his social worker, and they may apply for discretionary payments until alternate accommodation can be sourced if he is indeed a vulnerable person.
I would definitely seek legal counsel in this instance unless there are any other relatives that can assist.

terry sullivan

15:28 PM, 17th March 2016
About 3 years ago

he is a squatter? AST and not on tenancy? surely he has no right to be there at all--evict asap--squatting is a criminal offence--liaise with local police

Dave Baker

16:06 PM, 17th March 2016
About 3 years ago

...blimey, might ask Terry to deal with my non paying tenant too.

Stephen Barham

16:16 PM, 17th March 2016
About 3 years ago

Met with Social Worker, advised that I would allow a 3 week rent free period to sort things. She is reporting him as homeless and promised not to advise housing about the 3 week rent window.

Fingers crossed I'm not giving someone enough rope to hang me 😉

Cheers,
Stephen

philip ellis

20:04 PM, 17th March 2016
About 3 years ago

Stephen. What you are doing is laudable. I do think that there are times when you have to show kindness. This is one of them. That poor chap needs everyone's support.

Stephen Barham

20:40 PM, 17th March 2016
About 3 years ago

Cheers Philip,

Fingers crossed it doesn't push me towards Terry's philosophy on life ?

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