It is a very difficult and sad scenario and wondering anyone could offer any advice on this at all?
Sadly the tennant a young professional in his 20s who just moved in a month ago passed away in the property, his worried parents came to visit the property with the help of the letting agent and found out he passed away after not being able to contact him after several days. All his belongs have been removed. And letting agent is putting the property back on the market again.
Would this affect the rental value going forward and would it be better to sell the property? The property is in a popular street on a nice neighbourhood and has never had any void period since it has always been rented out quickly.
Your thoughts and advice would be much appreciated.
Then I’d go with the agent’s recommendation. The last thing you want is a new T being shocked to find out that you have withheld the info in the application process… esp with them being able to give you 2 months’ notice to leave from 1st May.
@Helen2023 sorry to hear that. But so long as the death was nothing to do with the property condition I’m not sure how much if at all it will affect the rental value as you’ve said a popular location and you’ve never had voids. So plenty of demand and not everyone will worry/be concerned -not like an ongoing issue such as noisy neighbours..
see what viewings feedback you get before going to expense of selling (where you might have same effect anyway).
The letting agent said they already had 7-8 viewings lined up after disclosing the information, people don’t seem to mind.
It is just a sad episode. As a landlord - I am still in huge shock. Only renting out the property for about 4.5 years so far. For some reason, I did reject the tenant in the first place having concerned about himself paying a big rent amount. In the past the property has always rented out by couples. But letting agent obtained both landlord and employment references and they were all good and they convinced me that he’s also a good character and would be a good tenant. And the tenant sounded quite upbeat as well. All came as a huge shock.
Also will the next of kins now reliable for the bills etc? Knowing that the parents are in deep grief - not sure if I could still ask the letting agent to ask the parents to settle any remaining bills.
As executors they remain liable till the tenancy has formally been ended (not rent arrears I think). You might agree with them that was the date they moved the possessions out and handed back keys and tell the utilities and council (for council tax) you will take over from that point. No obligation on you to pay whatever utilities etc the tenant left behind
Shelter have a page ‘What to do if a private tenant dies’
It’s up to the council and utilities companies whether they charge the executors for the bills during the tenancy you could explain the circumstances to them and they may waive it. Maybe you/agent worth getting parents address so you can forward any post etc anyway
Consumer rights legislation makes it a requirement to tell tenants or buyers anything of this sort up front. If you don’t, a tenant could unwind the tenancy and claim the rent back and a buyer could sue. You would need advice from your solicitor if selling.
There are many many many houses where people have passed away. I think you are only obligated to declare on a sale if somebody has passed away via extreme means. There’s no obligation to declare it on a rental, and people dying is normal.
@Karl11 If it’s a material factor which would affect whether some people would choose to buy a place and live there, the same will apply if they are choosing to rent. And the same consumer legislation applies.
So if asked it should be disclosed. Which is different from actively putting in the particulars.
But @Helen2023 could use an agent who doesn’t know the history to do viewings or tell the agent to use some colleagues who are unaware for viewings. Or tell agent to say that any questions about past tenants would have to be put to LL for privacy reasons. Then they are not being asked to lie. I’d think most viewers won’t then follow up.
The previous tenant took their own life in your property. I think most occupants would want to find that out before they decide to live there rather than afterwards. It wouldn’t bother me, but there are some people who it would and are liable to react badly if you do not disclose it, particularly, as you said, the neighbours would tell the tenant anyway.
In your OP, you mentioned whether you should continue renting or sell as if selling would somehow relieve you of the burden of disclosure. I think it compounds it. Buyers are even more likely to want to know.
Well @David122 can probably advise on the legal position.
But if they aren’t being misled by LL because they don’t ask the LL or because agent doing viewings doesn’t know then I’d think you are ok. Just like if there are noisy neighbours you wouldn’t actively put it on an advert or volunteer it up front if not asked. It’s about ‘caveat emptor’ if something matters to someone buying and it’s not in the advert they need to actually ask about it.
The compromise would be to let agent tell people viewing if they do ask ‘what happened to previous tenant’ but again not tell them if they dont ask. Again you aren’t then being misleading so shouldn’t fall foul of any legislation. Actually I might do that myself to be a bit more upfront sooner esp as you indicate there’s always been plenty of demand and they are going to find out anyway.
Would overdose be deemed as accidental death or suicide? How did the coroner determine if an overdose is suicide?
Also the post-mortem result would not be released to anyone else other than next of kins given it is private and sensitive? And in this case both landlords or letting agents are not obliged to disclose any such material information given the official report would not be released to them?