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  • Scottish PRS

    Tenants Demise with No Next of Kin

    Thank goodness this has never happened to us, but I thought this was an interesting question on a recent CLA bulletin:

    Q: My tenant’s carers have informed me that he has recently died. They also informed me that he has no known next of kin. I know the tenancy ends at the date of a tenant’s death but what should I do with his possessions?

    A: When a tenant dies with no known next of kin, you should contact the National Ultimus Haeres Unit. They will try to trace any will and living relatives of the tenant. They will carry out a short investigation at the property and may speak to neighbours to gather more information about the person. Following this, the belongings of the tenant will be collected by a representative and held until a relative can be traced. You will be able to dispose of any items which were not taken. However, you should only do this once you have permission in writing from the Procurator Fiscal Office.

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    LETS MAKE HOMES by treating landlords as partners, tenants as customers & every property as our own."

    http://www.letsmakehomes.co.uk

    Hi Ed,

    Thank you for sharing this useful information.

    I wonder if there is a similar service for England and Wales?

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    Been there done that even arranged the Funeral 

    Who says being a Landlord is not work and its an armchair investment ?

    But you have to take the rough with the smooth ...

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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.


    Death of a tenant does not end the agreement. The estate is liable to pay rent until the agreements end. ie executors or personal representatives although they are not personally liable for the debt in their personal capacity . if no next of kin etx then belongings should be dealt with as under the rules for abandonment.  If PP will not give up property then notice must be served and then apply to courts for possession. If the tenant has no friends or relatives and there is no-one able to deal with the administration of his estate after his death, then an official called ‘The Official Solicitor and Public Trustee’ has the authority to deal with this. I am not a lawyer but thats my pennies worth, i stand to be corrected if wrong.

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    Douglas is correct. This happened to me - the Tenants death DOESN'T end the Tenancy, this passes to the estate & under normal circumstances the Exec of the will can end the Tenancy. However in this case & in mine the Tenant died Intestate so you have to go down the "normal" possession route & serve notice & apply to the courts for possession. Mine took 6 months! The judge refused to give me possession & a money order for outstanding rent & told me to find an executor for a non existent will!. This was a County Court Judge who I saw on 3 occasions, eventually I saw a different judge - a Deputy - who after a long delay whilst she read the file gave me possession. The District Judge hinted more than once that I should just "get on & do what needed to be done" i.e just relet the Property, but I wanted the peace of mind of a Possession & Money order. As above there is a public office that deals with this - I wrote to them & asked if they wanted all of the possession - as officially they all belonged to the "Crown" - they didn't even reply to me.

    Happy to chat if you need any further help/info.

    CAVEAT - Just noticed that this is on Scottish PRS - my Property was in England - so best check if same rules apply !

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    Save Money on All of Your Utilities Attract Prospects to Your MLM Business

    Hi there

    Just to be clear I was highlighting Scottish legislation.

    Ed

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    LETS MAKE HOMES by treating landlords as partners, tenants as customers & every property as our own."

    http://www.letsmakehomes.co.uk