Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Notice period on death of tenant?

Options
2»

Comments

  • Options
    #32
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    seagull wrote: »
    How exactly does that work? If the tenancy is over, then surely the executor doesn't have any actual right to access the property to remove the deceased's belongings. Is it up to the landlord and the executor to come up with a mutual agreement of how it will be handled, and when the property will be returned?

    I would assume, yes, they come to an agreement about return of keys, return of property, etc. Any outstanding bills (ESB, Gas, etc) would be forwarded to the executor to deal with.

    Either way, once the tenancy is ended, the deposit should be returned and no further rent would be due.

    It's seldom black and white, and normally comes down to a discussion between landlord and family of the tenant.


  • Options
    #33
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Paulw wrote: »
    I would assume, yes, they come to an agreement about return of keys, return of property, etc. Any outstanding bills (ESB, Gas, etc) would be forwarded to the executor to deal with.

    Either way, once the tenancy is ended, the deposit should be returned and no further rent would be due.

    It's seldom black and white, and normally comes down to a discussion between landlord and family of the tenant.

    I've found a couple of RTB cases related to this but nothing specific yet.

    One, the tenant died with a licensee. The licensee was the tenant's brother and claiming they were a entitled to take over the tenancy but this relationship isn't protected by Section 39 (only spouse, child or parent). The RTB gave him 90 days to move out and also awarded rent arrears up to the date of the tenant's death but no mention of rent due during the 90 days for the licensee to move out.

    Interestingly this is the only case that actually quotes Section 39 in the RTB archive.

    Another found the third party wasn't the personal representative (didn't have Grant of Administration at the time) of the deceased and couldn't bring a complaint to the Board. This landlord was trying to claim costs for storage of the possessions. Unfortunately the RTB claimed they had no jurisdiction so I don't know where this ended up.

    As usual, I'd expect the RTB to grant some kind of compromise in a situation like this. For the OP, the rent was paid for the period that the possessions were on the property so there should be no dispute and no entitlement to retaining the deposit.


Advertisement