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Tenant Died . Where do I stand?

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diva84 | 18:33 Thu 15th Apr 2010 | Law
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I've been renting out my property for almost a year. My tenant and I had a verbal agreement to continue the tenancy for another 6 months. His rent did not go into my account on the day it should have but he was often a day or two late. I then received a phone call from the estate agents informing me of his death.

His family have cleaned out the flat but what I wasn't initially informed was that he died in the flat. There was an accident and he fell to his death putting a hole in the wall. The place is tidy but smells of smoke and the whole place needs decorating as is discoloured from the smoking and there is the matter of covering up the hole.

I don't want to be disrespectful but where do I stand with the bond? The bond won't cover the costs of redecorating. In the contract it stated that if he left he would pay to redecorate to clean up the nicotine stains left from smoking. Is this something I can claim additionally to the bond?

This is a horrific situation and I feel bad even questioning it but I cannot rent out the property again in its current state.

Thank you
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Oh my gosh that sounds horrific :(
Hope you sort out your problem im not sure where you stand
Maybe contact citizens advice
Do you not have insurance on this property ? If so claim for the damage .Keep the bond to re-decorate.
did you state on an initial tenancy agreement that you didnt want him smoking at the property? that could be a possible way of claiming on the bond. i would imagine that the structual damage with the hole wouldnt be a problem claiming from the bond
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The rent was £440pm and the bond was £540. It's in a good area so hopefully will rent out quick.

Thanks middkazsam, its horrible. I used to live in the property and just don't feel comfortable going there. I keep thinking of how it happened and my heart goes out to his family. Fiirst time renting so a pretty big shock.
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It stated that he could smoke but would have to pay to redecorate if any staining
i cant see that being a problem. i deal with bonds and id pay out!
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Brenda, I cancelled the content insurance, only have building insurance.
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That is good to know JB, the family want the bond which was my concern.
i would suggest that you take pictures, as well as get quotes and receipts for work carried out. we like as much information as we can get!
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I'm going to the property tomorrow as thought would be a good idea to take pics. It's my first time renting so don't even know where to start. I know its bad for anyone in same situation but did not expect this.
Well think either claim on Insurance or pay for get repair to wall and you can rent it out in suitable condition and start getting money back from tenant(s) rent starting yet again with new tenants, but get deposit from them included all very clear in tenancy agreement that refund will be given when you move out and dont have anything ie damages and state will not get it back if anything been damage / broken so you will be with better chance not losing money this way
you mentioned that the estate agent informed you of his death. are the estate agents managing it for you? if they are you should enquire with them, as no doubt you will be paying a percentage of the rent to have them manage it. even if they are not managing it for you, it can do no harm to enquire with them anyway. it wont be the first time a tennant will have died in situ. they should be able to at least point you in the right direction.

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