Q&A

Can DWP reclaim payments after death?

Can DWP reclaim payments after death?

The Department for Work and Pensions ( DWP ) can recover benefit overpayments from a person’s estate. An overpayment could have happened because, for example, the person who died: had more savings than they declared in their benefit claim.

What happens to a rental property when a tenant dies?

The law now provides that when a tenant dies, and there are no other tenants in the rental unit, the tenancy is deemed to be terminated 30 days after the death of the tenant. It does not appear that the termination is at the end of a term–rather it is a straight 30 days after the tenant’s death.

Who is the next of kin to the deceased tenant?

Q: My mother rented the same place for 40 years and recently passed away. Where are my responsibilities as next of kin? What are my rights to the place? A: When a resident passes away, the responsibility for any contracts and commitments falls on the deceased’s estate, which generally is handled by the next of kin, such as spouse, child or parent.

Can a landlord open the door to a deceased tenant?

The landlord should exercise due caution in opening the door to the rental unit to just any family member. It would be helpful to confirm that the family member to whom the door is being opened (i.e. access to the deceased’s property) is named in a Will as executor (get a copy).

What happens to an apartment after a tenant leaves?

Section 91 imposes an obligation to keep the property safe until the tenancy is terminated except that you may dispose of unhygienic or unsafe items. After the termination of the tenancy but with an apartment still full of stuff you look to section 92 RTA which speaks to the issue of disposing of property.

What happens to an apartment lease when someone dies?

What happens to an apartment lease when someone dies? A lease agreement extends to the expiration date, even if the tenant dies, so a lot depends on whether the tenant was in a month-to-month or a longer term agreement. Generally, the official written notice of the tenant’s death acts as a 30-day notice and signals the end of the lease.

Can a landlord accept rent from the estate of a deceased tenant?

Do not accept any rent payments from the estate, friends or family of the deceased. In San Francisco accepting payment could create a tenancy. Wait until probate is complete and the court orders payment. If the deceased tenant had a lease agreement for a specified term, the tenancy continues to the end, even though the tenant is dead.

What happens when a tenant dies in San Francisco?

In San Francisco accepting payment could create a tenancy. Wait until probate is complete and the court orders payment. If the deceased tenant had a lease agreement for a specified term, the tenancy continues to the end, even though the tenant is dead.

What should I do if my tenant dies and there is no next of kin?

If there is no next of kin, follow your state’s laws for how to deal withabandoned tenant property, especially regarding a tenant’s death. You may be required to store the property for a specific number of days and then sell the property at auction and return the funds to the state if no next of kin can be found.