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Question

Ending a Tenancy (England)

Deceased Tenant

5 Jun 2016 | 2 comments

Hi Adrian
I had a tenant on housing benefit who is now deceased. This happened in hospital only a few days ago.
Do I get any time like 1 or 2 weeks to sort his possessions out and try and contact family
Regards

Grahame

Answer

2 Comments

  1. guildy

    Housing benefit ceases from the day of death under the legislation.

    However, the tenancy doesn’t end but instead passes to the estate (or the public trustee if there is no one else).

    Therefore, the family (or whoever) will continue to owe rent and you must not change locks or do anything until the tenancy is properly ended (because it is now their tenancy).

    In reality, family turns up, clears items and gives keys back and that acts as them surrendering the tenancy (again because it’s their tenancy to surrender). You could insist on notice from the family although usually this seems harsh and normally keys are simply accepted (but you don’t have to).

    Please see this article for full details

    • Tenerife26

      Hi Adrian Many thanks

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