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

by Readers Question

11:21 AM, 17th March 2016
About 5 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,

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John Frith

15:35 PM, 20th March 2016
About 5 years ago

I'm not an expert by any means, but I would have avoided offering the 3 weeks free, as it could lead to complications further down the line (eg. does it establish a tenancy?).

Not that I'm suggesting you take a hard line, but you can show understanding and patience while the situation is resolved without formally giving over possession.

Stephen Barham

16:21 PM, 20th March 2016
About 5 years ago

Reply to the comment left by "John Frith" at "20/03/2016 - 15:35":

Hi John,

Yes, that's my fear. The Son, his Mother and the Social Worker seem very appreciative so hopefully things will work out best for everyone in the end.

I'll post the outcome when it happens.


Colin McNulty

10:16 AM, 21st March 2016
About 5 years ago

As John Frith said, my understanding is that if you allow someone to stay in your property outside of an AST, you are effectively granting them a tenancy. Maybe because you aren't charging any rent, perhaps that doesn't apply.

My take would have been this (had I seen this thread in time!), whilst still allowing him to stay for 3 weeks:

- Meet with the lad and his social worker.
- Explain that he has no right to stay in the property and must leave immediately.
- Get him to sign a piece of paper to that effect, admitting he has no right to occupancy and will leave immediately.
- Apologise for being terribly busy at the moment and point out that you won't be able to come round to formally take possession of the property for 3 weeks.

Hopefully that would have covered you legally, whilst still allowing some flexibility.

Chris Byways

10:28 AM, 21st March 2016
About 5 years ago

Reply to the comment left by "Colin McNulty" at "21/03/2016 - 10:16":

Surely making it clear that it is held:-

"Mesne (pronounced "mean") profits are sums of money paid for the occupation of land to a person with right of immediate occupation, where no permission has been given for that occupation."

terry sullivan

15:42 PM, 21st March 2016
About 5 years ago

it is not a philosophy--if you run a business run it properly--amateurs are not needed nor are bleeding heart liberals

Stephen Barham

16:45 PM, 21st March 2016
About 5 years ago


When it comes to being professional you are far from it.

I'm self made, I retired at 49 and I got there because of a strong belief in Karma.

You need to crawl back to where you came from.


Stephen Barham

11:18 AM, 4th May 2016
About 5 years ago

I promised I would let everyone know the outcome of this scenario.

Well, Southend Council and Social Services stepped in and decided to pay the full rent (£635 per month) for the 21 year old Son up to a maximum period of 1 year.

It seems that, if you are prepared to be reasonable and work with the local council/services, things can work out for all concerned 🙂

Cheers, Stephen

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