There’s so much to deal with when someone passes away, but one thing you perhaps don’t really consider is what happens when someone dies while renting a property? Who knows the protocol in this situation?
Whether you’re the landlord of the property or you’re the friend or loved one of the person who’s died, it’s never an easy subject to tackle. You’ll likely need the advice of a probate service to help deal with the situation, which is where companies such as Beyond can help. In the meantime, if it’s something you’re facing at the minute, we’ve got some advice that might help you understand the process a little better.
If you’re the landlord of the property
It’s as confusing as it is upsetting when a tenant dies while renting one of your properties. You’ll no doubt have lots of questions going around your head, such as what happens with the tenancy agreement now? Who owes who what? And what should you do with the tenant’s deposit?
The first thing to remember is that a tenancy doesn’t automatically end when the person renting the property dies. You, therefore, won’t be able to make any deductions or return a deposit until the tenancy comes to an end or an agreement has been made.
In order to do this, you’ll need to get the advice of a solicitor no later than 12 months after the death of your tenant. They’ll then be able to help you seek mandatory ground for possession of your property. But, until then, the responsibility of the tenancy falls with the executor of the deceased’s will.
If, however, the tenant lived with somebody else, then that person is free to remain in the property until the end of the tenancy.
If you’re the executor of the will
If you’re the nominated executor who has to settle the estate of someone who’s passed away, then there are a couple of options for you when it comes to dealing with their rental situation.
The easiest outcome would be if you were already living in the rental accommodation with the person before they died. In which case, you’re free to carry on living there until the tenancy comes to its agreed end. If, however, the person who died was living alone, then it’s up to you and the landlord to use the deceased’s estate to continue with the payments or to reach a mutual decision to end the tenancy.
Either you or the landlord must serve a minimum of four weeks’ notice to the other before ending the tenancy, or you can agree a surrender of the tenancy with the landlord. Bear in mind, that if you were living with the person who’s passed away, surrendering the tenancy might not be an option and the landlord has the right to refuse this request.
The best option in this situation, as the landlord or the executor of the will, is to communicate with each other and seek the right legal advice, helping you to come to a mutual decision as smoothly as possible.
