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cygedd
20-03-2010, 16:21 PM
Advice needed on a regulated tenent----i inherited a flat with a regulated tenent, so many moons ago hubby and wife in the flat 15yrs later hubby dies so the regulated tennency is passed onto his wife, SHE is now poorly,there family(children all grown up and not particualy nice!) may decide that the flat might be good for one of there kids to live in as the tennency can so i understand be passed on twice.?
if my tenent dies would it be un-reasonable to change the lock so family cannot get in without my permission or myself being there to oversea things??
also what time span would be classed as fair for myself to change the lock? i.e same day she snuffs it? or a week after she snuffs it? or after the funeral? or am i not allowed to change the lock with her posessions being inside until the family have been and raked through / cleared everything out?

Tony P
20-03-2010, 17:10 PM
This is a problem we have had a few times some few years ago.

We were advised that for a tenancy to be passed down a generation one condition was that the 'succeeding' child must have been living there for at least 6 months prior to the Tenant's death (we eventually proved otherwise through Council Tax, DVLA, Electoral Roll and other records).

Another time we wrote to the Executor/Personal Representative (care of the property as we had no other details at the time) for the effects to be cleared and keys returned within a 'reasonable period' during which time we took no responsibility for them and no one was permitted to reside there.

Under no circumstances accept any rent from when you become aware of the death.

westminster
20-03-2010, 23:58 PM
if my tenent dies would it be un-reasonable to change the lock so family cannot get in without my permission or myself being there to oversea things??
also what time span would be classed as fair for myself to change the lock? i.e same day she snuffs it? or a week after she snuffs it? or after the funeral? or am i not allowed to change the lock with her posessions being inside until the family have been and raked through / cleared everything out?
The potential cost of getting it wrong and thereby illegally evicting someone by changing the lock would far exceed the cost of an hour with a specialist landlord/tenant solicitor to firmly establish the legal position.

In other words, the choice you have is to spend one or two hundred pounds on a lawyer, or risk prosecution and being fined several thousand pounds in damages.

I would hazard to suggest that going round there with a locksmith on the day the tenant 'snuffs it', as you so sensitively put it, could, even if legal, be regarded as somewhat morally repugnant.