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Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6534
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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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: 3 months ago.
Category: Property Law
Expert:  Michael Holly replied 3 months ago.

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

Michael

Customer: replied 3 months 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 3 months 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 3 months 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 3 months ago.

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

Michael

Customer: replied 3 months 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 3 months ago.

Yes, they are trespassers

Michael

Customer: replied 3 months ago.
Even though they are her sister and brother in law and they are looking after her 3 kids?
Customer: replied 3 months ago.
Please let me know as my solicitor says we need to appoint a public trustee by applying to court
Customer: replied 3 months 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 3 months 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

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