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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11004
Experience:  I have been practising for 30 years.
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If a tenant dies how do the executors have to vacate the

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If a tenant dies how long do the executors have to vacate the flat?

Hello for clarification - are you the landlord or executors?

Customer: replied 6 months ago.

There is no statutory period and a private landlord will usually be more relaxed provided the rent continues to be paid.

If that’s what’s happening, the executor is under a duty to act in the best interest of the beneficiaries and it depends on what the rent is compared to the cost of storing the items and the cost of removing them. In my experience, when someone has died, rather than the house clearance actually raising any money, it invariably ends up having to be paid for therefore, there is absolutely no point in delaying it.

On the other hand, the local authority will want a property vacated within a 14 day period although they should not charge rent for that period.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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Best wishes.


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