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Hi
I am the executor of an estate. The deceased paid their rent annually in advance and passed away one month after the rent was paid.
The house has been cleared and keys returned.
The Landlord is now completing building works on the house and selling the house. They have advised that they will only issue a reimbursement upon completion of sale. It is unlikely this will be within the rental period and so we feel that no reimbursement will be issued to the estate.
I note a section in the tenancy agreement states that in the event the tenant ends the agreement before the term has ended, the landlord would collect rent until he can re-let or the term ends, whichever occurs first. I note that re-letting would take significantly less time than a sale.
The tenant was a mentally and physically ill vulnerable adult (which lead to her death). She had been furloughed and then lost her job due to incompetency. She was unemployed and received job seekers allowance at the time of her death.
The tenant had previously paid rent in advance for three month periods. However, before the last tenancy agreement, the Landlord said that he was going to serve her notice if she did not accept the new contract which incorporated the full amount of rent paid in advance for twelve months. If she did not accept this she would have been homeless and expressed this concern to friends and family via telephone prior to her death (given her vulnerability and economic status).
I also note that the notice period would not have been served as a 6 month notice (in line with new post-COVID guidance) and would have been served at one months notice.
I am considering highlighting the following issues to the landlord to try and negotiate a partial reimbursement of the pre-paid rent:
1) the tenancy was made under economic duress
2) the landlord is failing to mitigate his loss by doing building works and selling the property rather than re-letting.
I would really appreciate any ideas/feedback.
I am the executor of an estate. The deceased paid their rent annually in advance and passed away one month after the rent was paid.
The house has been cleared and keys returned.
The Landlord is now completing building works on the house and selling the house. They have advised that they will only issue a reimbursement upon completion of sale. It is unlikely this will be within the rental period and so we feel that no reimbursement will be issued to the estate.
I note a section in the tenancy agreement states that in the event the tenant ends the agreement before the term has ended, the landlord would collect rent until he can re-let or the term ends, whichever occurs first. I note that re-letting would take significantly less time than a sale.
The tenant was a mentally and physically ill vulnerable adult (which lead to her death). She had been furloughed and then lost her job due to incompetency. She was unemployed and received job seekers allowance at the time of her death.
The tenant had previously paid rent in advance for three month periods. However, before the last tenancy agreement, the Landlord said that he was going to serve her notice if she did not accept the new contract which incorporated the full amount of rent paid in advance for twelve months. If she did not accept this she would have been homeless and expressed this concern to friends and family via telephone prior to her death (given her vulnerability and economic status).
I also note that the notice period would not have been served as a 6 month notice (in line with new post-COVID guidance) and would have been served at one months notice.
I am considering highlighting the following issues to the landlord to try and negotiate a partial reimbursement of the pre-paid rent:
1) the tenancy was made under economic duress
2) the landlord is failing to mitigate his loss by doing building works and selling the property rather than re-letting.
I would really appreciate any ideas/feedback.
