How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6967
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
12609314
Type Your Property Law Question Here...
Michael Holly is online now

I am a landlord and my tenant died in April her family still

Customer Question

I am a landlord and my tenant died in April her family still living in property and have not paid a penny.
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.

Have you spoken to them , do they understand they should be paying rent?

Michael

Customer: replied 1 year ago.
they understand and keep saying that they are sorting out payments and social services will pay as the tenants kids are still in property
I know social services won't pay and the sister and brother in law came over from Denmark mid February to look after her sister when she wasn't well.
I sent them at least 5 reminder letters before contacting my solicitor.
Expert:  Michael Holly replied 1 year ago.

You can only be patient for so long. The rent is payable whether the tenant is alive or not as you can claim rent , called mesne profits, by virtue of the fact they are occupying the property.

You are entitled to pursue possession of the property and the outstanding rent from the occupiers.

Best regards

Michael

Customer: replied 1 year ago.
My solicitor says we don't have there names so can't issue section 8, whose name can we issue this in?
Expert:  Michael Holly replied 1 year ago.

You can issue proceedings for recovery of the property against the "occupiers" which will cover everyone in the house.

Michael

Customer: replied 1 year ago.
you saying a Section 8 notice issued........to the occupiers as opposed to a specific name?So the name area on the application would read occupiers rather than a specific name?
Expert:  Michael Holly replied 1 year ago.

Yes, they are trespassers

Michael

Customer: replied 1 year ago.
Even though they are her sister and brother in law and they are looking after her 3 kids?
Customer: replied 1 year ago.
Please let me know as my solicitor says we need to appoint a public trustee by applying to court
Customer: replied 1 year ago.
Spoken to my solicitor he is saying we can't issue against someone whose name we don't have and it will be a waste of time applying to court as he spoke to them Friday to confirm this.Please advise what to do now?
Expert:  Michael Holly replied 1 year ago.

You can apply for possession against trespassers on your property despite not knowing their names. The tenant is dead so you have no agreement with them. You can offer them an agreement but warn them if they do not sign it and pay the arrears you will apply for possession.

The fact that they looking after her children does not affect your application . It would be the duty of the local authority to find them somewhere.

I would issue possession proceedings to make something happen

Best regards

Michael