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Death And Tenancy Agreement

There are complicated rules of succession that apply to the death of a tenant of the Rent Act, a tenant protected under the Rent Act of 1977. This is very different from secure short-term rents, as the succession rules are automatically applicable to the death of the tenant. Often, a protected lease has been in place for many years, long before the Introduction of the Housing Act in 1988. The original protected lease is often in the name of two spouses (if you have any papers!). After the death of a tenant, the surviving spouse inherits the same protected lease. There is only one possible after this first death that will be beneficial as a family member who lives in the property at least two years before the death of the protected tenant. Such a family member automatically becomes insured tenant at this second death and must pay market rent. After that person`s death, there will be no inheritance tax. Competitive family interests and a lack of paperwork can complicate matters, and property managers are strongly encouraged to get professional advice before proceeding.

If the tenant dies intestate, you should contact the court-appointed administrator, who could be the next parent or a specialized court officer named Public Trustee if there is no family member. If you really have no idea who a tenant is next of kin, it`s worth contacting the public attorney to see if they`re already acting. If you are unable to obtain the cooperation of personal representatives in both scenarios and the lease has expired periodically, you may need to notify section 21. All the usual rules apply, but the notification must be addressed to “Personal representatives of the [deceased tenant`s full name] of [the property address, if the most recent address is known],” and you must serve in the accommodation and send a copy of the communication with a request to register a notification form to the public agent. In these cases, you are discussing a new lease with the Housing Authority or your housing company. In both cases, for a landlord, it is primarily a question of who will pay the rent. Under English law, a guaranteed short-term rent does not automatically end in the death of a tenant, but passes to the tenant`s estate. As an agent, it is important to establish a line of communication with the deceased`s next of kin if possible, as this should allow you to know whether the tenant has left a will or not. If there is a will, it will confirm who can act as executor and they will be able to get in touch with them.

They must receive sufficient evidence from the estate representative to ensure that they have the necessary authority to deal with the deceased`s affairs. This is especially true when there is money that can be returned to the estate, perhaps some surety, but also for the personal effects that remain in the property. On a practical level, if there is a will and an appointed executor, the best way to try to arrange the lease on a date to be agreed. Since the rent is due, the estate of the deceased is able to cover this responsibility, it is in everyone`s interest to terminate the tenancy agreement as soon as possible.