Here is a question to the blog clinic from Nadia who is a landlord
My tenant had died owing rent. The tenancy was a rolling month to month tenancy. How much rent am I entitled to?
Also, the deceased’s children want the deposit paid direct to them but I feel it should be paid to the deceased tenant’s estate. (There is no will or executor).
The fact that a tenant may have died does not actually end the tenancy. It will transfer to personal representatives of the tenant’s estate. If they don’t want to be liable for future rent they will need to serve a notice to quit to end it. The liability for rent will continue until the tenancy ends.
Technically you will be entitled to be paid rent until the tenancy is formally ended (and will not be able to re-let the property).
If there is rent owing then the deposit should be used to pay this to you (once the tenancy has ended). The personal representatives (and in due course the tenant’s heirs) will only be entitled to any deposit money which is left over after the outstanding rent has been settled.
I suggest you have a word with the tenants children, find out who the personal representatives are (presumably one of them) and get them to serve a notice to quit to end the tenancy. Then you will be able to sort out who gets paid what from the deposit money.
This answer I assume is based on their being no TDP involvement and it being a protected deposit?
As if it is protected then no-one can do anything with it without the agreement of both sides – which in the tenant’s case will be the personal represntative for the Estate.
Probably not an issue just curious there was no consideration of the TDP angle in the answer.
Ifthis was originally a fixed term and the tenancy has continued under the statute,and if no-one was residing there who succeeded, it is arguable that statutory tenancy is a personal right of occupation Britannia Building Society v Earl [1992] All E R page 470, Roe v Russell 1928 2 KB 117 @ 131.
Upon the death of the tenant the personal right ends it is no longer an AST as s1[1][b]HA88 no longer is complied with — tenant occupying as only or principal home.
Accordingly there is nothing to pass to the PRs of the deceased, and no ongoing liability for rent after death.
also if possession is taken by the Landlord the PRs /family could take that as ending the tenancy
The fun really starts when there is no next of kin and no one to administer the estate.