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Death of new tenant

Pauline
Pauline
Posts: 1


2015/05/29
Pauline
Pauline
Posts: 1
Hi,
Advice please. A new tenant to move in, lease signed, deposit paid, rent paid etc.
The tenant dies before actually taking occupation but by this time the agent has paid over the rent to the landlord.
Does the landlord have a claim on first month's rent - or other rent further - or does he have to pay back into the tenants account?
Marc Lunau
Marc Lunau
Posts: 397


2015/08/08
Marc Lunau
Marc Lunau
Posts: 397
Wow, that sounds a bit tricky and I do not know what the law says. I would say a contract is a contract. The deceased estate will have to carry on affairs and the lease will be null and void on death. However, the landlord can claim loss of income I suppose. The landlord should immediately try to find a new tenant to mitigate/minimise losses. If a new tenant can be found before the first rent is used up he should refund a pro-rata rent amount as he should not get rent twice for an overlapping period. It depends a lot on time lines I guess, but I am no lawyer. How did it end by now as its 2m later?

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