Life-Time Tenant

[yellowbunting]

Several years ago my siblings and I inherited a flat with a lifelong tenant in situ.

Every year the tenant sends us a cheque for £20 (his annual rent) and we send him back a letter of thanks. That is our only contact.

The tenant is now in his late 80's. As far as we know he lives alone in the flat.

None of my siblings or myself have ever met the tenant, nor visited his home, because it/he is the other side of the country to us (we have seen the flat on street view).

My question is, and it's a bit sensitive so
sorry, but how do we know when our tenant passes away? We will have to wait until we don't receive our annual cheque and then write to him...but then what? (Assuming we don't get an answer).
My concern is that a friend/relative will move in before or after his death/or his going into a nursing home and we won't ever know and they will live rent free in what will then be our flat.

We're not in a hurry for him to pass away, but would want to sell the flat as soon as possible apon his death. We are not wealthy and struggle to get by like most folks, so this money would be very useful. The flat is very modest in a modest area.

Should I employ a local estate agent to do an annual visit, and would they check his ID?
Should we be telephoning him to check how he is?
Should we arrange to drive/fly to the flat once a year or more?
The absolute last time we want to do is feel like he is being hounded or made to feel uncomfortable, we do completely respect his right to live out his days in peace in the flat, but we don't want to leave ourselves open to fraud apon his death.

Anyone had experience with this?

[Pipandmum]

What are the terms of the lease? Does it have his name on it? Get advice from a solicitor.

[DuchessOfBeddington]

I don’t have any experience of this but it sounds like a really difficult situation for you to be in, and I understand that you don’t want to harass your tenant.

Could you search at the local registers office every few months or so? Some of them are online.

And take immediate advice from a property solicitors or someone like Landlord Action, so you know how to deal with the situation of fraud/unauthorised occupation if it does arise. I mean really speak to someone straight away!!

[RoomR0613]

Should I employ a local estate agent to do an annual visit

If the flat is in England then I would have done this a long time ago. How are you currently managing your landlord responsibilities like gas safety checks etc?

[PragmaticWench]

Surely you are obliged to inspect the property annually and carry out any necessary maintenance?

[MrsSiba]

Chances are there might already be a solicitor dealing with the matter. Does the tenant send you the cheque direct or does it come via solicitors?

[FAQs]

As others have said, how are you undertaking the gas safety checks, new electrical tests are coming in soon I believe as well? Don't you want to know the condition of the property?

[crumpledlinen]

You need to check with a solicitor as life long tenancies can sometimes be passed on to a member of the tenants family. Typically they can only be passed once, so if your current tenant received it from his family, then it should revert after he passes.

However, the new family tenant has to be living in the property for a period of time before his father/uncle dies. Obviously this might be hard to prove if you are not close by.

It would be worth, not only doing your landlord duties such as gas checks etc, but getting a solicitor to look over the terms of the tenancy.

[cstaff]

In Ireland we have a website called rip.ie and once you put in the county and name any deaths will show up. I presume there is something similar where you are.

[Ilikewinter]

I dont have any advice but his rent is £20 a year???!!!
How do you get to be a tenant for life...seems I'm missing out on something here!

[mumwon]

doesn't someone have to go into the flat for servicing the boiler? & how do you know if they have moved out & someone else has moved in? You need to contact them & say you need an appointment to check the flats safety - things like electric wiring etc -don't leave it to an estate agent

[RoomR0613]

ilikewinter

Quite a common scenario actually.

It most often occurs if a parent remarries and leaves their house or their share of a house to their children but with the condition that their surviving partner can continue to live there until their death, often for a peppercorn rent.

[BooseysMom]

Omg i wish my rent was £20 per annum. Surely that has to be a joke!

[yellowbunting]

We don't have any obligations according to the lease which was drawn up by a solictor over 15 years ago (which can't be passed to a relative), like gas cert etc.
Tenant buys property insurance annually (sends proof with his cheque).
Maintenance is the responsibility of the tenant, but seems impossible to enforce, so no point worrying about this.
We are not related to the tenant and know nothing about him - other than his name, age, address. As I mentioned the arrangement was with a late relation which we inherited because our relative died.

[yellowbunting]

I'm surprised that there is surprise about lifelong tenant on this thread, I thought it was a relatively well know thing - especially in agricultural circles - but in those instances the tenant is well known to the landlord and often close by - which is not the case in our situation.

[mumwon]

did friend google
rather interesting link& discussion go down to peter 15 December & his comments particularly
www.propertyforum.com/forum/threads/is-anyone-familiar-with-a-life-tenancy.31288/

[beanaseireann]

Curiosity would have got the better of me years ago and I would have visited.

[Instagrrr]

I’m surprised you don’t have to legally provide gas checks/maintenance etc?