Landlords
Dealing with the
sudden death of a tenant
Advice for private landlords
If you find a tenant
that has died, or
you think a tenant
has died, you
should contact the
police by calling
101.
We have produced this booklet to tell you
what to do if your tenant dies suddenly.
Obviously, we hope you will never have
to face this situation. However, if it does
happen, this guidance will allow you to
act quickly and professionally.
Reporting a death
If you think a tenant has died, follow these steps.
•Contact the police.
•Do not enter the property.
•Wait outside the property and do not allow anyone else
to enter until the police have arrived.
If you find a tenant that has died, follow these steps.
•Contact the police.
•Do not attempt to move the body or touch any items in
the property.
•When a body has been found, the police will need to examine the property so it is important to leave
everything as you found it.
•Securely lock the property and wait outside.
•Do not allow anyone else to enter the property until the
police have arrived.
Contacting the police
If you find a tenant that has died, or you think a tenant has
died, you should contact the police by calling 101.
The 101 number is available 24 hours a day and 7 days
a week.
The role of the police
Generally, the police will take control of your property to find
the possible cause of death.
Access during an investigation
The police will normally use barrier tape to mark off the area
being examined and police officers will control who can go
into that area. During this time it is unlikely that you would
be able to get into your property.
In some buildings, often flats, there will be common areas
that more than one tenant or resident will use (such as a
stairwell or close). If the investigation includes common
areas, access for other people living in the building may
also be affected.
The police will make it a priority to examine common areas
so other people can return to their homes as soon as
possible.
The amount of time before a property can be returned to
normal use will depend on how complicated the investigation
is. This could be hours, days, weeks or even months.
Communication
Generally, the police will communicate with all relevant
people and make them aware that there has been a death.
The leading police officer, often a detective sergeant, will be
your main contact during an investigation and will be able
to keep you informed about police progress.
Family
On most occasions, the police will take responsibility for
keeping close family and other relatives informed.
If it appears a suspicious death has taken place, the police
may involve a family liaison officer, who can act as a link
between the family and you.
Other tenants or residents
It is important to make sure that other
tenants or residents nearby (for
If you are
example, in the same block of flats) are
approached by
kept informed during the investigation.
members of the
The police will be responsible for what
press, you should
information can be given out.
not make any
comment during
If you have any questions about the
the investigation.
investigation, you should speak to the
leading police officer.
Journalists
In situations where it appears a suspicious death has taken
place, there can often be interest from journalists. If you
are approached by members of the press, you should not
make any comment during the investigation. A member of
the police team will deal with any questions.
Cleaning and repairs
As a landlord, you are responsible for making sure that
your property is properly cleaned and repaired (where
necessary) after a death. This should also help you to let
the property again more quickly, reducing the loss of rental
income.
Following a death, cleaning and repair work will involve
greater care than ordinary work to the property. The
standard will generally be higher, as often a death will leave
behind waste that is not safe to have in a property.
For example, after a death, traces of blood or other bodily
fluids may be trapped under floorboards.
There are many companies that specialise in cleaning
properties following incidents such as a sudden death.
They will have the equipment, experience and knowledge to
make sure all traces of waste are properly removed.
If you have landlord or building insurance for the property,
this may be able to help with the costs of cleaning and
repairs. However, the cover available will depend on the
circumstances of the death. You should always contact your
insurance provider to see what is covered under your policy.
As a landlord, you
are responsible for
making sure that your
property is properly
cleaned and repaired
(where necessary)
after a death.
Dealing with personal belongings
If the tenant has a next of kin
If the tenant had written a will, it will mention who should
keep their belongings and other assets. The person dealing
with the will (know as the executor) has responsibility for
arranging the removal of items from the property.
You should keep in close contact with the executor to help
them to carry out their role. This will allow the property to be
emptied more quickly, and will shorten the time before you
can let it again.
If the tenant did not have a will, any furniture or other
belongings of the tenant automatically pass to the next
of kin. The next of kin has responsibility for removing any
belongings from the property.
You should keep in close contact with the next of kin and
family during this time.
When family members or an executor are arranging for
your property to be cleared you should clearly tell them:
• by what date the property should be emptied; and
• if you plan to charge rent during this time.
Consider the situation. While you want the property
emptied quickly, putting pressure on someone to do so is
not reasonable – especially given the circumstances.
It is good practice to provide the above information in
writing, such as in a short letter, to the family or executor.
The person dealing
with the will (know
as the executor)
has responsibility
for arranging the
removal of items
from the property.
If the tenant does not have any next of kin
If you cannot find any relatives for your tenant, you must
contact:
The National Ultimus Haeres Unit
Procurator Fiscal Office
10 Ballater Street
Glasgow
G5 9PS
Phone: 0844 561 4846
Fax: 0844 561 4839
The role of this organisation is to trace any 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 get rid of any items which were not
taken. However, you should only do this once you have
permission in writing from the Procurator Fiscal Office.
Ending the tenancy
As a general rule for privately rented properties, a tenancy
will end when the tenant dies. An exception to this is when
there is a qualified person to succeed the tenancy. (We
explain about succession below.)
Housing Benefit
If your tenant was receiving some form of Housing Benefit,
your right to this payment will end on the date of the
tenant’s death. To avoid overpayment, you should contact
our Benefits Service on 01294 310000 – so that we can
make a note of these changes.
If the tenant had rent arrears and was receiving Housing
Benefit, we can pay you the benefit owed up to the level of
rent outstanding on the date of their death. However, you
will need to write to us to apply for this payment.
Succession
Assured and short-assured tenancies have the right
to ‘succession’. This means a person who is qualified
continues as the tenant.
Someone is qualified to continue the tenancy if:
• they were the husband, wife or civil partner of the tenant;
• they were living with the tenant as a husband, wife or
civil partner; or
• the tenancy was their only or main home before the
death of the tenant.
In an assured or short-assured tenancy, succession can
only happen once. The person taking over as the new
tenant will be responsible for the property and rent from the
date of succession.
Succession may benefit you as it can reduce the amount of
rent you will lose until the property is let again.
Other people who lived with the tenant
If your tenant was living with other family members (that are
not husband, wife or partner) or other individuals (such as
a friend) before they died, you can arrange a new tenancy
agreement with them. These groups don’t have the legal
right to take over the tenancy, but you can decide to allow
them to if you want.
Beginning a new tenancy agreement may benefit you
because it will reduce the amount of rent you would lose in
finding new tenants for the property.
If you would like to start a new tenancy agreement,
but are not sure if the person will be able to afford the
rent payments, you should tell them to contact our
Homelessness Assessment, Prevention and Advice Team
by calling 01294 314 700.
The person taking
over as the new
tenant will be
responsible for the
property and rent
from the date of
succession.
If you would like any more information about
dealing with a sudden death, or have any
comments about this leaflet, please contact:
Development and Strategy Team,
Private Sector Advice,
North Ayrshire Council, 5th Floor,
Cunninghame House, Irvine, KA12 8EE.
Phone: 01294 324644 / Fax: 01294 324624
Email: [email protected]
www.north-ayrshire.gov.uk
This document is available in other formats such as
audio tape, CD, Braille and in large print. It can also
be made available in other languages on request.