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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I own a shop that is let to someone who has now died, what

Customer Question

I own a shop that is let to someone who has now died, what happens with regard to tenancy agreement and future rent, and the property has also since suffered damage from a break-in that requires repair.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

Did the tenancy have a clause that states it comes to an end upon death please?

JACUSTOMER-jcaujz1v- :

no

Alex Watts :

Normally when someone dies the tenancy agreement ends. This is because you can not have a dead tenant!

Alex Watts :

The tenancy agreement therefore ends when the person dies. In terms of future rent, nothing happens because you are able to relet out the property.

Alex Watts :

If the person died and then there was a break-in then as Landlord you are responsible for that as the agreement ends.

Alex Watts :

If there was the break in and then the person died then you have a claim on their estate.

Alex Watts :

Indeed if there are any rent arrears then the estate would be liable for these.

JACUSTOMER-jcaujz1v- :

The solicitor acting on behalf of the executor of the deseased entered the premises using a local locksmith without my approval

Alex Watts :

Indeed - as Landlord they should have asked for your consent as the agreement has come to an end.

Alex Watts :

But in reality that is not a big issue, it is making sure you get the property back secure and re-letting it.

Alex Watts :

Can I clarify anything for you about this today please?

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