Death of Tenant

[Peterw]

One of every property managers concerns, is the death of a tenant in the property. Sadly we do experience this every now and then, however on this occasion, the person does not have any relations in Australia do deal with the things, that need to be dealt with, so we have to make all the arrangements. The LL is pleased that they have a PM.

 

[Xenia IM]

wow - we've never had to deal with the death of a sole tenant with no family.

what arrangements are you making for them?

How sad for that person

 

[crest133]

With due respect to the deceased and family.
I've dealt with an unexpectedly deceased lone tenant, car crash.
Fortunately I found next of kin, who was executor, moved belongings into storage with their help. Waived lease notice requirements and charged one week's extra rent by mutual agreement. Released bond to executor and redirected bills. Miserable situation but tidied up quickly, things just need to be done with commonsense.
Good luck.
Cheers
thecrest

 

[Terry_w]

See this section of the NSW RTA concerning tenancy agreements and death
http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s108.html

fixed terms can be terminated.

RESIDENTIAL TENANCIES ACT 2010 - SECT 108
Death of tenant
108 Death of tenant

(1) On the death of the sole tenant under a residential tenancy agreement, either the landlord or the legal personal representative of the tenant may give a termination notice to the other person.

(2) The termination notice may specify a termination date that is before the end of any fixed term of the residential tenancy agreement if it is a fixed term agreement.

(3) The Tribunal may, on application by a landlord or the legal personal representative of the deceased tenant, make a termination order if it is satisfied that a termination notice was given in accordance with this section and that vacant possession of the residential premises has not been given as required by the notice.

(4) The legal personal representative of a deceased tenant who is given a termination notice by the landlord may give vacant possession of the residential premises at any time before the termination date specified in the termination notice.

(5) The estate of the deceased tenant is not liable to pay any rent for any period after the legal personal representative gives vacant possession of the residential premises and before the termination date.

 

[Peterw]

Crest. Yes with respect to deceased and family. Sadly this death was at the property. At this stage, we have not found a will, and the relative we have located is in England, is elderly and with limited means.

Terry, the Act is similar here.

https://www.rta.qld.gov.au/Renting/...ng-a-tenancy-agreement/Death-of-a-sole-tenant

Its not dealing with the tenancy that is the challenge, its the physical issues that have to be dealt with are the challenge. When you start in the agency business, I don't think people realise the full range of issues that will come you way.

So far the England relative is pleased with what we are doing.