Hi just wondering, when a sole tenant dies, does rental liability continue thereafter? Client informed LA of mother's death. She was advised to complete a Tenants Notice to Quit form and advised full rent and council tax payable from date of mother's death.

Can LA recover 4 weeks rent from deceased's estate on the basis that this is required notice period?

Please confirm no CTAX liability. Deceased was sole resident. My understanding is that property will treated as exempt.

It just seems strange to me that liability can contiune when the person has died.

Any advice appreciated.

Rita

Seems strange I know but the oustanding rent is recoverable from the estate. A lease is a form of contract that allows either party to enforce the terms of the agreement.

The agreement can only be brought to an end by:

1. Effluxion of time, i.e. the coming to an end of a fixed term tenancy.

2. The action of one of the parties, i.e. the surrender of the tenancy. Death is not 'an action of a party'.

3. The operation of law. Thus the statutory notice to quit has to be given to bring the tenancy to an end.

Thus the landlord is quite within his/her/its rights to sue the estate for the arrears.

Liability for council tax does end however with death as CT liability is calculated on a daily basis and is based on residency.

Thanks, ive just spoken to someone who agrees. I could understand that any rent arrears at the time of death could be recoverd from the estate, just couldnt get my head around liability continuing after death.

Thanks.