What happens when tenant dies?

[MrLandlord]

Hello,

I have been running my agency for over 20 years & have never experienced this.

The property was let on an AST to Mr & Mrs C approx 10 years ago.

The AST has been left to run on a periodic basis.

Mrs C left the property 2 years ago.

Mr C died last week.

Their son is 24 year old, not working.

The landlord doesn't want him there & we are unsure on how to remove him.

He isn't named on the lease so to whom do I serve notice on?

Does he have any legal rights i.e. can he inherit the tenancy.

Can the landlord remove him or does notice have to be served?

The landlord is very worried he may move some friends in & party!!

Advice would be greatly appreciated.

[jeffrey]

1. The deceased T (father)'s tenancy vests in his Personal Representative. Death does not end it.
2. The letting is within the 1988 Act, so not easily transmissible.
3. For how long has the son been resident?

[Lawcruncher]

Originally Posted by jeffrey

1. The deceased T (father)'s tenancy vests in his Personal Representative.

It seems though that Mrs C is still alive. Unless notice was given or a surrender made and a new tenancy started, she will be the tenant. If she (as appears to be the case) is not in occupation then the tenancy will not be an AST. There is though still a tenancy that needs to be ended by service on Mrs C of a notice to quit. Separate possession proceedings can be taken against the son.

[jeffrey]

Originally Posted by Lawcruncher

It seems though that Mrs C is still alive. Unless notice was given or a surrender made and a new tenancy started, she will be the tenant. If she (as appears to be the case) is not in occupation then the tenancy will not be an AST. There is though still a tenancy that needs to be ended by service on Mrs C of a notice to quit. Separate possession proceedings can be taken against the son.

I'm not sure about that. If the letting is an SPT and Mrs C went away years ago, the continuation rights are Mr C's alone.

[MrLandlord]

Mrs C is still alive & renting elsewhere.

The son has lived at the property ever since the lease began 21.04.98.

Ideally id like to serve notice on the son as hes now the sole resident but not on the AST.

As Mrs C has vacated do i need to serve notice on her?

What is the best way to remove the son?

[jamesknight0]

I have to say I feel sorry for the son. (He has just lost his dad, and now looks likely to lose his home.)

If the rent is still being paid, wouldn't the Landlord consider him as a tenant? Presumably he has behaved himself the last ten years while his dad was alive?

[quarterday]

Originally Posted by jamesknight0

I have to say I feel sorry for the son. (He has just lost his dad, and now looks likely to lose his home.)

If the rent is still being paid, wouldn't the Landlord consider him as a tenant? Presumably he has behaved himself the last ten years while his dad was alive?

too right jassa. What sort of heartless so and so is this landlord? These premises have been home to the son for over ten years. The state will assist him if he is unable to afford the rent from his own resources. Lots of amateur landlords give the trade a bad name.

[jeffrey]

Originally Posted by jamesknight0

I have to say I feel sorry for the son. (He has just lost his dad, and now looks likely to lose his home.)

Yes, one can feel empathy- but the question is what legal rights does he have?

Originally Posted by jamesknight0

If the rent is still being paid, wouldn't the Landlord consider him as a tenant?

No. Who actually pays is irrelevant, even during T's lifetime- but the question is who has a legal obligation to pay?

Originally Posted by jamesknight0

Presumably he has behaved himself the last ten years while his dad was alive?

Irrelevant to these questions.