Landlord denying family representation entry to property?
Discussion
Hi all
We’ve had a sudden death in the immediate family quite far away from where we live.
My wife has asked the landlord to allow a nominated representative of the family who live close by entry to help clear the property, however the landlord has only responded to say he will not allow anyone aside from the next of kin entry (aged 70+).
Obviously they cannot clear the flat and as we live far away this is proving to be a massive problem as well as very stressful.
We have tried calling him to also find out how long the prior is paid up until, how to get a key etc and he refuses to answer the phone to speak. So far we’ve just had the one text and it’s been a few days.
We will need to head home at some point too.
Any ideas or advice on the situation is welcome.
We’ve had a sudden death in the immediate family quite far away from where we live.
My wife has asked the landlord to allow a nominated representative of the family who live close by entry to help clear the property, however the landlord has only responded to say he will not allow anyone aside from the next of kin entry (aged 70+).
Obviously they cannot clear the flat and as we live far away this is proving to be a massive problem as well as very stressful.
We have tried calling him to also find out how long the prior is paid up until, how to get a key etc and he refuses to answer the phone to speak. So far we’ve just had the one text and it’s been a few days.
We will need to head home at some point too.
Any ideas or advice on the situation is welcome.
Lodger or tenant? What the LL is saying makes it sound like your relative was renting a room. If they were a tenant, then the LL has very little say about how many people help to clear out your relatives home. In this circumstance, I would be more inclined to seek forgiveness than permission.
If you are the point of contact with the landlord, then at some stage he is either going to want some more rent. or he will want to repossess the property so it seems to me that the ball is in his court.
Understandably you want to sort this ASAP and get it out of the way, but in reality these things always drag on, and there is no point in getting stressed about them. Leave it a bit and see what develops, maybe contact the landlord again in a month's time if you don't hear anything.
Consider how slowly a solicitor would deal with this situation, and they're professionals.
Understandably you want to sort this ASAP and get it out of the way, but in reality these things always drag on, and there is no point in getting stressed about them. Leave it a bit and see what develops, maybe contact the landlord again in a month's time if you don't hear anything.
Consider how slowly a solicitor would deal with this situation, and they're professionals.
randlemarcus said:
Lodger or tenant? What the LL is saying makes it sound like your relative was renting a room. If they were a tenant, then the LL has very little say about how many people help to clear out your relatives home. In this circumstance, I would be more inclined to seek forgiveness than permission.
Landlord, he was renting a full property. We've also got an issue where we can't get keys etc to the property.hawshaw said:
Wait it out
Our issue is that the only next of kin is older and we live a good distance away. We don't want to come back to find that all the property has been thrown out and I suspect that the landlord is the type of person who would do that. Whilst I don't wish to speculate much, from what I hear about his behaviour when the death was discovered, he seems to be the type who really doesn't care about anything unless it's his cash.
It could all be remedied by allowing our friend, who lives opposite to help.
Wildfire said:
Our issue is that the only next of kin is older and we live a good distance away. We don't want to come back to find that all the property has been thrown out and I suspect that the landlord is the type of person who would do that.
Whilst I don't wish to speculate much, from what I hear about his behaviour when the death was discovered, he seems to be the type who really doesn't care about anything unless it's his cash.
It could all be remedied by allowing our friend, who lives opposite to help.
Possibly worth contacting local social services? The landlord may be known to them.Whilst I don't wish to speculate much, from what I hear about his behaviour when the death was discovered, he seems to be the type who really doesn't care about anything unless it's his cash.
It could all be remedied by allowing our friend, who lives opposite to help.
What's that you say? Your relative changed the locks, and you're handing over the new copies to the LL just after clearing the property? Gosh, that's nice of you.
The Housing Dept of the local council MAY offer some advice and help, IF you can get through to someone who cares, and are nice to them, but nothing fast one suspects.
The Housing Dept of the local council MAY offer some advice and help, IF you can get through to someone who cares, and are nice to them, but nothing fast one suspects.
Ordinarily I would just open myself and go in, but unfortunately the door has been secured with screws as the police had to break it down (sadly relative had passed away). Although I'm sure if I go out with a drill and remove the screws the LL will be there sharpish.
The LL has met the NOK and she's a 70+ lady. So the main issue is that she can't shift anything by herself. We're up here for the week and "MAY" be allowed to accompany her, but we do need to travel home.
We're happy to head over and move things ASAP and get out of his hair, but he is being difficult. I'm not sure how rental was worked out, I don't think it was through the council, but he is on their list online as a "good landlord"....
Once this is over I think they will be getting a letter, not that it will do any good.
The LL has met the NOK and she's a 70+ lady. So the main issue is that she can't shift anything by herself. We're up here for the week and "MAY" be allowed to accompany her, but we do need to travel home.
We're happy to head over and move things ASAP and get out of his hair, but he is being difficult. I'm not sure how rental was worked out, I don't think it was through the council, but he is on their list online as a "good landlord"....
Once this is over I think they will be getting a letter, not that it will do any good.
It's not up to the LL to 'allow' entry. The tenancy passes to the deceased's estate. It doesn't just end automatically. What's best for the LL is if the executors of the estate clear the property out and hand it back nice & clean, as soon as is reasonably practicable.
The executor, representing the estate, has every right to enter the property - and the LL has no grounds to prevent this. That said, he's also not your butler so doesn't have to organise keys or a welcoming committee. Bloody silly not to though, as the alternative is that he would need to issue s21 to the estate, then a possession order, warrant of possession, take possession and hold on to the contents as an involuntary bailee, chase the estate for the rent, sort out utils & council tax...
The executor, representing the estate, has every right to enter the property - and the LL has no grounds to prevent this. That said, he's also not your butler so doesn't have to organise keys or a welcoming committee. Bloody silly not to though, as the alternative is that he would need to issue s21 to the estate, then a possession order, warrant of possession, take possession and hold on to the contents as an involuntary bailee, chase the estate for the rent, sort out utils & council tax...
[quote=Wildfire]Ordinarily I would just open myself and go in, but unfortunately the door has been secured with screws as the police had to break it down (sadly relative had passed away). Although I'm sure if I go out with a drill and remove the screws the LL will be there sharpish.
/quote]
So what if the landlord does turn up sharpish? Ideal time to make arrangements about the rent, and it isn't in his interests to stop you clearing the property even if he could. As said, this is the executor's job, so presumably you are the executor or have their authority.
/quote]
So what if the landlord does turn up sharpish? Ideal time to make arrangements about the rent, and it isn't in his interests to stop you clearing the property even if he could. As said, this is the executor's job, so presumably you are the executor or have their authority.
blindspot said:
It's not up to the LL to 'allow' entry. The tenancy passes to the deceased's estate. It doesn't just end automatically. What's best for the LL is if the executors of the estate clear the property out and hand it back nice & clean, as soon as is reasonably practicable.
The executor, representing the estate, has every right to enter the property - and the LL has no grounds to prevent this. That said, he's also not your butler so doesn't have to organise keys or a welcoming committee. Bloody silly not to though, as the alternative is that he would need to issue s21 to the estate, then a possession order, warrant of possession, take possession and hold on to the contents as an involuntary bailee, chase the estate for the rent, sort out utils & council tax...
Thanks for the help.The executor, representing the estate, has every right to enter the property - and the LL has no grounds to prevent this. That said, he's also not your butler so doesn't have to organise keys or a welcoming committee. Bloody silly not to though, as the alternative is that he would need to issue s21 to the estate, then a possession order, warrant of possession, take possession and hold on to the contents as an involuntary bailee, chase the estate for the rent, sort out utils & council tax...
I find it all very odd, surely he would want us to clear the property asap. Or we really want is him to allow our representative, who lives almost opposite, to take the lead in this all.
Wildfire said:
Thanks for the help.
I find it all very odd, surely he would want us to clear the property asap. Or we really want is him to allow our representative, who lives almost opposite, to take the lead in this all.
why does the LL have to "allow" this? Is it that you need keys? What's stopping your representative going in?I find it all very odd, surely he would want us to clear the property asap. Or we really want is him to allow our representative, who lives almost opposite, to take the lead in this all.
BertBert said:
why does the LL have to "allow" this? Is it that you need keys? What's stopping your representative going in?
Door kicked in to gain access, then secured shut with screws by the sound of it.For my part, I'd just unscrew it, empty the property, and then screw it back closed again.
InitialDave said:
Door kicked in to gain access, then secured shut with screws by the sound of it.
For my part, I'd just unscrew it, empty the property, and then screw it back closed again.
+1For my part, I'd just unscrew it, empty the property, and then screw it back closed again.
If LL turns up / calls the Police, you can explain the situation. If the tenancy passes to the estate (I have no experience of this) then it would presumably be treated as the LL trying to illegally deny the tenant (estate) access to the property?
Bert - yes. Door broken in and screws shut.
When I say entry I probably mean permission to enter without him calling the police etc.
We are waiting on the police to call us and I think we will be asking them to accompany us in the first instance.
The neighbours are also not great and have a history of threats etc.
Basically I want to do it all right so if someone is called I am in the right and I’d ideally like to avoid a confrontation.
When I say entry I probably mean permission to enter without him calling the police etc.
We are waiting on the police to call us and I think we will be asking them to accompany us in the first instance.
The neighbours are also not great and have a history of threats etc.
Basically I want to do it all right so if someone is called I am in the right and I’d ideally like to avoid a confrontation.
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