# Tenant died, next of kin cleared out property, **URL:** \ **Category:** Legal\ **Created:** [29 September 2022 19:24 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614 "2022-09-29T19:24:34Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Ann10](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/ann10/32/515_2.png) [@Ann10](https://community.openrent.co.uk/u/Ann10)\ **Post date:** [29 September 2022 19:24 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/1 "2022-09-29T19:24:34Z")
Tenant died in property, Next of Kin has cleared items from property and handed the keys back to Landlord before the next rent payment,(tenant had been in 9 years and on AST agreement) can I rent this out again now or do I have to serve a section 21 on next of kin. Any advise would be appreciated please? ---
**Author:** ![Colin3](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/colin3/32/450_2.png) [@Colin3](https://community.openrent.co.uk/u/Colin3)\ **Post date:** [29 September 2022 19:29 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/2 "2022-09-29T19:29:27Z")
Exact same happened to me. tenant of 25 years the son cleared the place out. settled the bills, keys given back . I started a renovation .Now ready to re rent ---
**Author:** ![Ann10](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/ann10/32/515_2.png) [@Ann10](https://community.openrent.co.uk/u/Ann10)\ **Post date:** [29 September 2022 19:34 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/3 "2022-09-29T19:34:44Z")
But do you have to legally serve section 21 notice on the next of kin if no one else is living there? ---
**Author:** ![Colin3](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/colin3/32/450_2.png) [@Colin3](https://community.openrent.co.uk/u/Colin3)\ **Post date:** [29 September 2022 19:37 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/4 "2022-09-29T19:37:40Z")
I did not I took the view that the tenant had, by reason of his death, abandoned the property The son emptied it , gave me the keys ,went back home . Job done ,no probs ---
**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\ **Post date:** [30 September 2022 14:22 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/5 "2022-09-30T14:22:39Z")
Who is the executor of the deceased’s estate? Have a read through this: > **[Death of a tenant — a legal view](https://www.propertymark.co.uk/resource/death-of-a-tenant-a-legal-view.html)** > > Gina Peters, a partner and solicitor for Dutton Gregory who is the provider of the ARLA Propertymark Helpline, has a wealth of experience in commercial and property litigation and has written an exclusive article on her specialised expertise,... ---
**Author:** ![Ann10](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/ann10/32/515_2.png) [@Ann10](https://community.openrent.co.uk/u/Ann10)\ **Post date:** [30 September 2022 21:15 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/6 "2022-09-30T21:15:57Z")
Thank you David,very helpful ---
**Author:** ![Candid1](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/candid1/32/13013_2.png) [@Candid1](https://community.openrent.co.uk/u/Candid1)\ **Post date:** [5 October 2022 19:20 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/7 "2022-10-05T19:20:52Z")
Just get on and re rent it the section 21 is irrelevant ---
**Author:** ![Helen20](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/helen20/32/9284_2.png) [@Helen20](https://community.openrent.co.uk/u/Helen20)\ **Post date:** [6 October 2022 08:05 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/8 "2022-10-06T08:05:28Z")
I have just been at the other end of this, as next of kin to someone who died of natural causes while in Housing Association property. As next of kin I was not liable for unpaid rent. However, had there been an estate, the estate would have been. The Housing Association agreed a termination date with me, giving me a month to clear the property and hand back the keys. However, as I understand it, I was not duty bound to clear the property if I’d chosen not to. ---
**Author:** ![Jason-egan1](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/jason-egan1/32/9284_2.png) [@Jason-egan1](https://community.openrent.co.uk/u/Jason-egan1)\ **Post date:** [6 October 2022 10:39 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/9 "2022-10-06T10:39:11Z")
The estate is liable for any outstanding rent and notice to quit. On plus side you got your property back. Swings and roundabouts! ---
**Author:** ![system](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/system/32/11_2.png) [@system](https://community.openrent.co.uk/u/system)\ **Post date:** [16 August 2024 01:50 UTC](https://community.openrent.co.uk/t/tenant-died-next-of-kin-cleared-out-property/39614/10 "2024-08-16T01:50:49Z")