My tenant has died and his partner is refusing to pay rent or move out??

Hi, my tenant (15 years) has been ill for the last couple of few years (he was a friend).  I didn't take a deposit or sign an agreement ( I know!!) when he moved in as he needed someone to stay and I had just moved out of my house and was considering renting but hadnt made my mind up.  His ex partner moved in with him recently without asking -  to care for him which when I found out I was OK with.  The only rent I received was from the Council Benefits.  In December my tenant sadly passed away.  I contacted his partner and said that he was OK to stay for the time being and we would have a chat when everything had settled down as he was grieving.  A couple of weeks ago I had a chat with him and told him he could stay there but he would have to start paying rent.  He just told me that he couldn't afford.  I even asked him how much he could afford and his reply was 'Nothing'.  I have tried to be more than reasonable with him but he has now started to send me nasty personal texts.  I'm bewildered why he is doing this as I have tried to help him.  I have rang Solicitors but have had different opinions due to the unusual circumstances.  Can anyone point me in the right direction regarding Eviction, my access rights and if I find out he has moved out can I change the locks??  I'm not sure where I stand with the law as he isn't really a tenant and I have not received any rent from him??  Everything I read regarding Section 21 relates to agreements and the tenant having paid rent which doesn't apply in this case. I am now completely confused and worried sick that I may do the wrong thing.  Thank you in advance

Thanks for answering so quickly.  I was of the same opinion but he has been there over 18 months and with my knowledge/blessing so will trespass cover this?. Even though he is being horrible and nasty I still feel a little sorry for him as he has nowhere to go and he has just lost his long term friend/ex partner  I need to learn how to take the emotion away. This is my first time renting as I decided to keep the house as a pension fund and my previous tenant had been so good for so long.  To have this happen within the space of a couple of weeks has really knocked me for six.  It makes it worse because every time I send him a text regarding getting quotes for work that needs doing, which I didn't get done before due to the tenants health,  I am then subjected to a torrent of abuse and I have to bite my tongue so hard not to retaliate and give him a few home truths back.  I definitely would advise anyone who is renting to a friend that no matter how nice they are, things can turn nasty and it is always better to make sure you are covered for every eventuality. 

"No good turn goes unpunished"-Oscar Wilde.

As he has not paid you anything,and the arrangement with your actual tenant will have ended upon his death,I would say this man is trespassing.

That's not correct legally I'm afraid.

Tenancy doesn't end on a tenant's (or landlord for that matter) death. The current occupier is almost certainly NOT trespassing. He entered with the permission of the tenant, and I doubt the administrator/executor/personal representative have revoked that permission. You possibly complicated matter by actually telling him he "can stay for the time being" even if the occupier would have otherwise be a trespasser.

You need to take steps to legally end the tenancy. If you can serve a notice to quit, then on expiry you can physically exclude him when he's out. If you have to serve s8 / s21 notice, then you would have to go to court if he (and/or whoever inherits the tenancy) doesn't agree to leave. It's possible for you to try and get the administrator/executor/personal representative to disclaim the tenancy which may make things easier. If serving notice (whether NTQ or s8/s21), you'd need to know the status of estate etc., there's extra steps involved to normal.

If you were thinking of finding a new tenant it may be worth approaching a local letting agent for advice.

Don't take legal advice from a letting agent. The average letting agent's records of getting the law correct is highly questionable at best.

The law see no difference between a monthly periodic tenancy at market rent and say a brand new 999 year long lease on a country estate at peppercorn rent. They're essentially assets that can be inherited, even if their value may be very different.

I actually missed the whole partner bit from OP when I made my quick reply earlier, which is possibly going to make even worse reading for OP I'm afraid.

With an assured tenancy (shorthold or otherwise), section 17 of the Housing Act 1988 provides for statutory succession to the tenancy before will and intestacy are even considered. This (one time per tenancy only) succession applies where a sole tenant dies and their "spouse or civil partner was occupying the dwelling-house as his or her only or principal home". Someone who is "living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner". OP say "ex partner", but if he argues that they made up and was living together as partners again, then you'll likely have to end up in court needing a full hearing to try to argue otherwise. Assuming he is treated as the deceased tenant civil partner at the time the deceased tenant died, then this partner became the tenant on the deceased tenant's death. In one sense that certainly make things simpler, you just go to court after a s21 or s8 notice per normal.

If he doesn't count as the deceased tenant's civil partner, then the tenancy pass under a will or per intestacy. In the mean time before the tenancy is passed to the beneficiary, the estate is liable to pay rent. If there is no executor or administrator, then the tenancy vest with the Public Trustee in the mean time. Notices are served to the Public Trustee as Personal Representative at the last known address (i.e. the rental property), and a copy must be registered with the Public Trustee. A fee is payable. With an executor or administrator, you serve the notice to them as Personal Representative. Since a tenancy is only assured when a human tenant lives there as their only or principal home, while it's with the personal representative the tenancy is not assured, and since it's periodic, you can serve a notice to quit to end the tenancy.

Where an assured tenancy passes under will or intestacy, the landlord gain an additional ground for possession under section 8 for 12 months. For AST, this is only really relevant where the tenancy is fixed term and the landlord wants to end it earlier as otherwise the landlord can just serve a s21 notice. If there's no one to inherit, the landlord gets to ask Bona Vacantia to disclaim the tenancy.

In the real world, if there was no one living there, and no potential beneficiary wants to move in, especially if there's no money in the estate, then the landlord can probably gets away with just taking possession after giving any friends or relatives time to grief and collect any belongings. But here, there is someone living there who does not wants to leave. Any attempt to remove this person without following the correct legal process could well end up with a claim for illegal eviction.

can you imagine any reasonable official deciding to prosecute this landlord?

No, but not because of reasonable or unreasonable, but because of the lack of funding for housing staff in local authorities who would be the normal prosecuting authority rather than the police/CPS.

Yes, from a tenant point of view the police sucks when it come to things like this. It's not like some of them haven't been known to actually assist landlords in illegally evicting tenants, and/or you know got sued for it and lost. 

I wasn't actually expecting or suggesting there would be a prosecution, but pointing out that the occupier could attempt to sue for illegal eviction. The possibility of that should always be considered by landlords when they're considering doing things by what they feel may be common sense rather than by the books.

She has had conflicting advice from lawyers,so really you pays your money and you takes your choice.

Definitely, but one can't make an informed decision until one know exactly where they stand first, and OP did ask where people thought they stood with the law.

Good luck to OP, I hope they start getting rent paid or get possession back soon.

You have nothing to blame yourself for.This man has used emotional blackmail.He is living rent free in your house,don't let him live rent free in your head.x

I am surprised that solicitor's haven't been more helpful and knowledgeable. I have read of a few cases like this and when they have gone through the courts the judges have sided with the landlord.

Unfortunately, I have no more personal experience of this but regardless of the cost I would advise you find the right legal representation. Keep all the texts as evidence.

HI everyone, thanks again for your responses.  Its so nice to have somewhere to be able to ask for advice on the situation.  I will be getting in touch with a solicitor tomorrow. I will have a look for one that is more specialised in this field if possible.  I needed to get an up to date EPC certificate done as part of the paperwork required.  I am also struggling with my emotions as I don't want to see anyone on the street.  I know he is dealing with grief, depression and is starting to drink heavily.  He had been quiet for a couple of weeks and I thought his anger was subsiding but last night he started again with the nasty comments.  He did text this morning with an apology....but as I ignored him he was then asking if I accepted it!  I do not respond to any of his messages unless they are normal (which there aren't many)  He is in a dark place but I know I have to do the right thing for me now.  I will keep you posted on my progress.

Thank you.  I am not struggling too much as my tenant had been ill for a while and the last year was bedridden so I was expecting it as he was getting gradually weaker.  What I didn't expect was how his friend/partner could turn into such a vile human being.  He apparently has fallen out with his family as well so I'm not taking his comments too personally.  Just the fact that it feels like not only is he not paying rent but it seems like he is sticking his fingers up at me as well ?? I will let you know how I go on.  Wish me luck....

I believe you can take possession once it's established he has voluntarily vacated but do check with your solicitor. If that's the case then you are allowed to change keys etc He is obviously trying to keep his options open.

If a person has removed all their belongings and is obviously not living there, despite retaining keys... there's implied surrender (the acts undertaken by the Tenant are "inconsistent with the continuation of the tenancy." and your position is quite clear) or abandonment that should allow you to do what you want.

Have a read here... https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/surrender_of_a_tenancy#title-2 ...and see if it provides clarity.

It's such good news,I am very pleased for you.What a horrible way to learn a lesson.If you are reletting please be very careful !  x