Death if renting

[Minglemangle007]

Hope this is the right place! Anyway, got a friend who has rented a place for decades and is now getting on a bit and not in good health.

Her oldest daughter has moved back home and pays no rent as low paid and has debts. She is not down as living there. My friend is under the impression that should anything happen to her, the management company would allow her daughter a grace period while she sorts herself out.

I, on the other hand, think the company would pounce right away and if nothing else would increase the rent considerably before kicking the daughter out as soon as possible.

So what would happen?

She is not down as living there. My friend is under the impression that should anything happen to her, the management company would allow her daughter a grace period while she sorts herself out.

They don't even know she's there? Doesn't that invalidate the rental agreement? I wouldn't count on any grace period (or anything else) whatsoever.

Won't there be a rental contract that covers this eventuality that your friend can check?

The agreement is from decades ago and has been the family home so various children/adults have lived there over the years.

She doesn't want to call them as she feels that would just start he vultures circling.

I think they will just have to make sure they have enough money for the daughter to have a deposit and a month's rent in case anything happens suddenly. The daughter couldn't afford the rent now and certainly not if they put it up to market rate.

Thanks all!

I presume this is council housing?

Cant you ring your council & ask the hypothetical question?

Which country does this apply to, England, Wales etc?
Is the agreement with a private or social landlord?
What type of agreement is it?

It's unlikely the daughter would be given anything other than the bare minimum of time to clear out her mother's belongings. As a family member who is not on any tenancy agreement, she is only a 'visitor' to the property.

The idea of the management company 'pouncing' is very inflammatory and derogatory language - did you mean that? They are not vultures, they are just a company abiding by whatever terms and conditions are in the contract the mother has signed/agreed, however long ago this was. It may be that the daughter has to keep paying the rent (out of the mother's estate funds if need be) until the property is vacated. Similarly pay any bills accruing.
The management company can't suddenly put the rent up - they have no contract with the daughter.

Ideally your friend needs to get/ check the terms of her rental contract though - the answers will be in there.

Why are you presuming it's council housing?

When my dads gf passed away he wasnt on the lease and they made him move as soon as that periods rent was up. If private rented i would advise she gets her daughter down as a permitted resident in the very least, if council/HA look into whether they can inherit the lease

If she's in England she can wait until they apply for a possession order abd a warrant of possession but she'll then probably be ordered to pay costs.

Forgot to add that it's much better to try and encourage her DD to sort out her debts. CAPUK give free advice and are very reputable.

"I think they will just have to make sure they have enough money for the daughter to have a deposit and a month's rent in case anything happens suddenly. "

I agree with this. The landlord will want the property back on the market asap otherwise they'll lose money. From the LL's point of view, they're running a business.

Is this a social tenancy or a private let?

If it's social housing she'll be lucky to get a week to clear everything out. They'll also likely go after for four weeks rent after being notified of the death because they likely have a four week notice period for ending a tenancy.

Council house so maybe different, but we got 14 days to clear a (very full) family home of over 50 years including removal of all carpets.
If the daughter is willing to take over the rent they might let her stay on a new contract and probably at a new price, but they might not.

My concern would be that your friend may have been claiming single adult discount on their council tax and not be eligible for it.

Your friend should be informing the landlord that her dd is living there and she would then have to go through credit checks etc.

We had 12 days (end of the month already paid) in similar circumstances, landlord wouldn't allow us to pay for another month. That was an old style rent book contract to private landlord

If it's decades old, is it an Assured Non Shorthold agreement? If so it might have a clause for assignment to another member of the household in the even of the tenants death. But the additional person would need to be declared and there may be a minimum term to qualify.

The type of tenancy is important here.

Thanks for the replies, it is a private rental of very long standing hence the lower rent. She doesn't have an agreement that she can find and doesn't want to talk to the company.

I was not being derogatory, I was just using the language that my friend used.

I think they just need to have money in an account so the daughter can move on if needs be.

And tell them to make sure that's a joint account so it's not frozen if anything happens to Mum.

Although on second thoughts no as the daughter had debts so your friend would become financially linked!