What happens when a tenant of a property has died?
If you are next of kin or acting on behalf of an Ealing tenant who has died please contact the housing reception office in person or telephone as soon as you can. A copy of the tenant’s death certificate should be provided.
If family members lived with the tenant when they died they may be entitled to inherit the tenancy, subject to certain conditions. This is known in law as succession. If you think you may be eligible to succeed contact your housing officer.
If no one was living with the tenant and you wish to return the property there are a number of things of which to be aware.
Who can end the tenancy?
The executor (person given authority in the tenant’s will to deal with their affairs) or the administrator (person who has been given Grant of Probate for the tenant) can legally end the tenancy. Next of kin cannot end the tenancy.
For more information visit the Directgov website and/or seek independent legal advice.
The executor or administrator (we will need to see proof) can sign the notice to quit form to end the tenancy.
If there is no executor or administrator Ealing Council will serve Notice to Quit on the Personal Representative and on th Public Trustee to legally end the tenancy
Rent and housing benefit
Rent will continue to be charged until the tenancy has ended and the keys to the property have been returned. The keys must be handed into reception before 12pm on the Monday following the end of the tenancy. If the keys are received after this you will be charged another full week’s rent. Where the keys and death certificate are handed in before the notice to quit expires, the council has discretion not to charge rent for the remaining notice period.
Housing benefit payments will stop from the Sunday following the death of the tenant.
Accessing the property
If no one has keys to the property, Ealing Council can only issue a sey of keys to the executor or administrator.
Returning the keys
All keys to the property should be handed to the housing reception at Perceval House, Ealing, including door entry fobs and keys to windows, stores or garages. The receptionist will give you a receipt for the keys. Make sure it has the date and time on it, as it is proof you have handed them in.
You should clear the property of the deceased tenant’s furniture and personal belongings before the keys are returned.
Setting the rent account balance
Any rent due will be claimed from the late tenant’s estate. If there is a credit on the rent account, an indemnity form will need to be completed by the late tenant’s representative. This form indemnifies Ealing Council for any claims made by other relatives after the refund has been issued.
If there is no estate for an arrears balance to be paid from
The representative should contact the debt recovery officer to make a declaration that there are no funds to clear the arrears balance. The debt recovery officer can be contacted on 020 8825 8833.