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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

lead tenant death

14 Dec 2021 | 1 comment

AST has main tenant and permitted occupiers, the main tenant has died, tiger are rent arrears, can a s8 notice be given to the permitted occupiers

Answer

1 Comment

  1. guildy

    There is a ground 7 available which is specifically for death of the tenant (and no other joint tenants remain).

    Ground 7 expressly says that acceptance of rent from a new tenant does not imply a new tenancy (without more) although any demand should presumably be for mesne profits (damages for use and occupation).

    Please see here for the full text of ground 7.

    We don’t think the permitted occupiers can be liable for any of the arrears though as they were never liable at the time and arrears have fallen to the tenants estate.

    More information about death of a tenant is available here.

    Our possession wizard includes death of tenant.

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