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Tenancy after Death

Started by fairfield, April 03, 2014, 02:31:43 AM

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fairfield

Hi

My Uncle died on 20 December 2013.  His agents were informed immediately by me, his neighbour, the police, the Coroners Office and following my letter to the council re council tax, Birmingham City Council.

I sent the agents my late Uncle's death certificate and keys and explained that the property was now vacant.

On 28 March, the agents sent my late Uncle a rent invoice for unpaid rent.

I wrote explaining they had already been notified of his death and to update their records obviously removing the invoice.

They wrote back stating that the account was still open until I returned the keys and that three months rent was now due.

In the three months since my Uncle died, the agents never acknowledged his death, never sent any other unpaid rental reminders etc.  I feel they are rather taking advantage of the situation.

It's particularly sad as my Uncle lived at this house for the whole of his life (76 years), with his parents being tenants beforehand.  He always paid his rent on time, yet the house hadn't been remotely modernised having old dilapidated wooden windows, no heating, mould, non functional kitchen and bathroom, etc.

I would be grateful if anybody could let me know where I stand on this one.

boboff

Sorry for your loss.

I think really you need to speak to a proper lawyer on this one, and return the key.

The rules regarding estates etc and the role of the executor aren't the skill set I have certainly.

Death is okay as a reasonable reason for a tenancy to end, I know that much....

David M

A tenancy is classed as property and passes under your uncle's will or intestacy. Most agents would take the view that as the tenant has died the simplest thing to do is to accept the surrender of the tenancy from the executors/administrators and proceed to relet (or by the sounds of it refurbish the house). Strictly speaking, the tenancy will continue and liability to pay the rent falls to your uncle's estate until the surrender is accepted or the tenancy terminated. Having said all that, I'm not a lawyer and you are probably paying one to deal with the will (or lack thereof) so best check with them.