Tenant has died - Police kick the door in!

Tenant has died – Police kick the door in!

4:37 PM, 3rd October 2023, 3 years ago 33

Hello, I need some advice from Property118 readers. I don’t want to come across as the evil landlord here but……

1. A tenant died the day the rent was due
2. Police were called because friends hadn’t heard from the tenant
The police turned up and kicked the front door in breaking not only the door but also the frame. Upshot £1250 to replace!
3. The tenant’s family are coming to clear out takes 3 weeks (Rent?)
4. Flat need a professional clean £165
5. Deposit is £650 – That’s going to take a while to sort out!

What would you do in this situation? What would you say to the tenant’s family?

Any advice would be greatly appreciated,

John


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Comments

  • Member Since July 2019 - Comments: 8

    11:49 AM, 4th October 2023, About 3 years ago

    Sounds like a difficult situation, John. I had a similar experience, where the police broke down the door, but my landlord insurance covered it, thankfully.

  • Member Since February 2023 - Comments: 40

    2:28 PM, 6th October 2023, About 3 years ago

    I let out a high end flat to a couple,both doctors. Following an argument between them plod was called,no answer, they had gone to the pub. Plod broke down front fire door, broke locks and surrounding frame. Flat in a right state. Plod refused to pay and doctors left. A very expensive repair job.
    One thing that I learned from this , don’t prejudge a person by their job or profession. Worse tenants that I have had were doctors , nurses and believe this, a church minister, forgot to also mention sandwich fillers from Subway. Best tenants by far were art students.

  • Member Since May 2020 - Comments: 13

    7:51 AM, 7th October 2023, About 3 years ago

    Only perseverance through writing to the police to request compensation will probably provide. Most people will give up. But don’t.

    Gave you googled the following:

    ‘Damage to property by police forcing entry’ ?

    Give it a try and claim.

    Re Rent – this is a debt, similar to utility debts and other associated bills individuals incur when living AND even on death.

    If a will is in place the executor or known representative should be contacted immediately to begin process of any claim required to be made on the deceased estate.

  • Member Since February 2017 - Comments: 47

    10:35 AM, 7th October 2023, About 3 years ago

    Your main issue is to end the tenancy. Ask the executor or person dealing with the estate to sign a deed of surrender.

    https://www.benhams.com/news/property-advice/what-to-do-if-my-property-tenant-dies/

  • Member Since May 2019 - Comments: 123

    12:32 PM, 7th October 2023, About 3 years ago

    It puzzles me why there was no contact between the police and yourself before they decided to bulldoze the entry point.

    Surely you have keys to the place; if these were provided and used there was no need to wreck the entry.

    Solicitors letter to the Chief Constable and Crime Commissioner I say unless there is more to this than is presently evidenced.

    I had a similar situation some years ago ( no damage) where the tenant died in an RTA. The next of kin were the most obnoxious, disgusting creatures I have ever come across and were hell bent on giving me a hard time simply by being a landlord of one beautiful home.

    I took the hit just to rid myself of them.

  • Member Since March 2022 - Comments: 42

    5:13 PM, 7th October 2023, About 3 years ago

    Reply to the comment left by JGM at 07/10/2023 – 07:51
    Thanks

  • Member Since March 2023 - Comments: 1506

    11:09 AM, 8th October 2023, About 3 years ago

    Well, if the tenant had any estate that could realise your outstanding debt then the executor should have to pay you that (IE the deposit at least), but in practice you might as well right it off

  • Member Since January 2015 - Comments: 41

    2:35 PM, 8th October 2023, About 3 years ago

    Reply to the comment left by Small Portfolio Landlord at 03/10/2023 – 18:36
    See my reply under each of your comments

    I’m not sure about insurance. It’s not malicious damage.

    I doubt you will get anywhere with insurance

    My plan was just to claim the deposit back.
    And that would be that.
    I think you can start a deposit claim either for unpaid rent or damage if the executors wont pay

    However, as we are getting squeezed by HMG screwed by HMCS margins aren’t what they were.
    Your a business, tough its a business cost

    I was thinking of asking the executors to cover the cost of the front door.
    You should and either it should come out of the deposit or the estate

    And allowing them to just hand, but the keys after having been in and cleared the property out.
    End the agreement with the required notice (agree a special term if it suite you so maybe one month) let them clear the property or charge the estate if they don’t or cant

    I think it will end up costing me 150 pounds cleaning (business expense after a let), plus, let’s say seven weeks rent ( 4 weeks charged as part of the end of tenancy the other weeks are a business expense) plus re-letting fees (business expense) plus the front door (claim from the estate or deposit)

    The police were carrying out their duties and would not have time to obtain keys even if they could so they will and should deny any liability for the door

    So treating this as a business
    Agree an end of tenancy and charge one month
    Let the executors clean out the flat and do a basic clean
    Clean as part of your business at your cost
    Carry out any repairs and decorating as part of your business cost
    Charge the door to the estate
    Re letting fees are your cost as a business
    Claim against the deposit if the executors don’t want to fund the deposit part, if there’s no claim against it the deposit will go back to the estate

    In my experience dealing with council lets
    They give one months notice chargeable
    The property has to be cleaned out
    A basic clean must be performed
    Repairs the responsibility of the tenant are charged (the door) and claimed

  • Member Since March 2022 - Comments: 42

    11:13 PM, 8th October 2023, About 3 years ago

    Reply to the comment left by Paul Tarry at 08/10/2023 – 14:35
    Thanks for replying very comprehensive

  • Member Since September 2013 - Comments: 28

    9:48 PM, 9th October 2023, About 3 years ago

    Im a full time LL and have been 20 years plus now and reading people’s comments about your situation sheds a lot of light as to why we are such a vilified profession.

    Your tenant died and most of the comments are about what you can claim on insurance – wow!

    add up how much rent you’ve made on that property and how much capital gain you’ve made and then remember someone died and you may be able to answer your own question then!!

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