What do you do when a tenant dies in your property?

[humpy07]

I own a property which has been let for the past 20 months. I had an ideal tenant - paid on time every month and kept the property in excellent condition.

Last Monday, I had a call from his ex-wife saying that he had sadly died on the weekend. He had been poorly for some time, so it was not a huge shock.

Our problem now is knowing how we deal with the tenancy - do they have to give me 1 month's notice or does the tenancy end immediately? The deposit is in the protection scheme - does this now become part of the estate and cannot be released until probate granted? I'm obviously in a position now where I'll have to pay the mortgage this month, but should I still be entitled to one last month's rent as their notice?

Sorry if this sounds harsh on my part, but I need to know my position financially.

Thanks in advance

[AlBags]

Depends on a few things .. but legally, I would imagine the contract is nulled upon death of one party.
Have you full occupancy yet?
Best to write to the executors.

[RATTER15]

"House to let" sign goes up!!

[4getmenot]

did he give you one months rent as a deposit? can you not just keep that?

[joeluke]

Asking for 'one last month's rent' would be well out of order and I can't believe you're even suggesting it

For Funks Sake the guys dead, have some respect

Rent out the place again ASAP if you're worried about paying the mortgage on it

[joko]

well the deposit should cover it, and legally you would be entitled to keep it because of the aggreement, as it exists for just such a problem

but asking the family for one last month is a no no...they are not liable for his debts

[Tim123]

The family aren't liable for his debts, but if he died owing you money, you may have a claim on his estate. Think very hard indeed about whether it's worth the hassle, though.

[themas]

I think the contract ended with his death & that you have no right to any rent payment that was due after his death. Whether you have any right to keep any of the deposit probably depends on whether there were any dilapidations which will incur you in cost & which the tenant was responsible for. The deposit organisation might be able to advise you more.

However, you really ought to get a solicitor's advice on what the position is before you re-let.

[askyourgran]

You said it yourself, you had an ideal tenant who kept the property in excellent condition. Why try to squeeze out more? As soon as the family clear the property out, clean it up for re-let. The deposit should cover the expenses. To be on the safe side take legal advice.

[mike11111]

I suggest you communicate with your former tenant in writing, informing him that unless the next instalment of rent is paid on time you will immediatlely seek an eviction order. You heartess, selfish tw&t!