Description
Introduction
It is inevitable in most agency offices that at some point a landlord
will die during the tenancy. Of course the death itself will not end
the tenancy; instead it will lead to a transfer of the landlord’s
interest. Conversely, the agency arrangement with the letting agent will
always terminate upon the landlord’s death. This can place an agent in a
precarious position.
As for the dead of Tenants: There can be confusion about what happens to an assured shorthold tenancy when the tenant dies.
Anyone engaged in letting or property management is likely at some stage to discover that a tenant has died during the tenancy. Quite apart from having to process this news it is also necessary to think about what happens next.
Questions that frequently arise are: does the tenancy end or continue? Can others living in the house remain in possession? Is rent still payable and who is responsible? Can the landlord retake possession — if so when and how? Who pays for any damage at the property and is anyone liable for any rent arrears? What happens to the deposit? Is the guarantor still liable?
The answers to these questions fall within a legal framework around succession and established landlord and tenant principles although they will vary slightly with different types of residential tenancies.
This CPD examines the law and its
implications, and discusses some practical solutions. What happens to the property?