Someone (not the tenant) wanting to pay the rent?

Someone (not the tenant) wanting to pay the rent?

0:02 AM, 10th November 2023, About A year ago 16

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Hello all, we had an email from someone advising us that the husband of one of our tenants had died he provided a copy of the death certificate. He told us that he would be paying the rent.

We responded by stating that we could only receive payment from a lawful tenant named on the agreement, and he replied that he would still be paying. When we rang to speak to the tenant the ring tone was from abroad (she is Hungarian) we left a message but are still waiting for a callback.

This person is now asking to be added to the tenancy agreement, we do not know who he is and are not sure how to proceed.

We would be grateful for any advice,

Karl


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Darren Peters

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12:53 PM, 10th November 2023, About A year ago

Reply to the comment left by Karl Langley at 10/11/2023 - 12:47
Ideally you would have something from stating that they were paying on behalf of the original tenant and were not seeking tenancy rights.

Anything stated after money had been accepted would be too late.

Freda Blogs

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13:02 PM, 10th November 2023, About A year ago

"They have asked to be added to the tenancy agreement so that they can pay the utilities etc."
Being on the tenancy agreement and paying the utilities are independent of one another and should not be conflated. This sounds like a (poor) excuse to get on the AST by the back door.
If there are already people living in the house who are unnamed, the deceased tenant could be the least of your worries. I suggest you get some proper advice from a specialist housing solicitor - quickly.

DPT

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13:10 PM, 10th November 2023, About A year ago

They may not have a right to rent and even if they do, you do not want to create a tenant by the back-door. Make sure you write back to them and your tenant saying that any rent paid will be assumed to be on behalf of the tenant and does not confer tenancy rights on anyone not named in the contract.
I suggest you ask your tenant to remove these people from the property and if they refuse, serve notice. Sadly, I suspect you are in for a long haul, possibly without any rent to get rid of these people.

Seething Landlord

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13:24 PM, 10th November 2023, About A year ago

Reply to the comment left by Karl Langley at 10/11/2023 - 12:47
I thought others were displaying symptoms of paranoia but this further information casts a different light on it. You need to establish exactly what is going on without delay and seek professional advice.

Michael Booth

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16:33 PM, 10th November 2023, About A year ago

Section 21 you don't need the hassle, might be sub letting property you are letting yourself open to a load of legal hassle. Move them on and get fresh tenants.

Landlord Phil

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13:13 PM, 13th November 2023, About A year ago

I had a similar situation. I didn't notice payments coming from someone other than the Romanian tenant. I noticed the name on the account when I received the 3rd payment. It turned out she had handed the keys to someone else & returned to Romania. By not immediately returning the payment, I had unwittingly entered into a contract, accepting a new tenant. This forced me into a decision, a messy eviction of a tenant I hadn't agreed to take, or give him an AST. I opted for the latter, luckily he did have a right to live & work in the UK, your new tenant may not have the right, putting you in a difficult legal position. It didn't end well for me. I got a text message one day saying that he couldn't afford the rent, he'd left the keys with a neighbour & had moved out. The place was a mess. Food left rotting in the fridge & the apartment needed carpets, decorating, everything. Send the money back if they pay & legally regain possession. It's possible that it'll end badly. You are highly likely to lose control if you accept payment & have a bigger nightmare further down the line.

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