Reporting a death
If you think a tenant has died:
- contact the police
- do not enter the property
- wait outside the property and do not allow anyone else to enter until the police have arrived
If you find a tenant that has died:
- contact the police
- do not attempt to move the body or touch any items in the property (when a body has been found, the police will need to examine the property so it is important to leave everything as you found it)
- securely lock the property and wait outside
- do not allow anyone else to enter the property until the police have arrived
Contacting the police
If you think that the death of your tenant may be suspicious, contact the police by calling 999. For example, you may go to the property and see signs of a break-in and signs of a struggle, including bloodstains in the property or around the body.
If you think that your tenant has died of natural causes, contact the police by calling 101 (24 hours). For example, you find a very elderly tenant dead in their home, with no sign of forced entry, or struggle, having taken place.
Access during an investigation
The police will normally use barrier tape to mark off the area being examined and police officers will control who can go into that area. During this time it is unlikely that you would be able to get into your property.
In some buildings, often flats, there will be common areas that more than one tenant or resident will use (such as a stairwell or close). If the investigation includes common areas, access for other people living in the building may also be affected.
The police will make it a priority to examine common areas so other people can return to their homes as soon as possible.
The amount of time before a property can be returned to normal use will depend on how complicated the investigation is. This could be hours, days, weeks or even months.
Communication
Generally, the police will communicate with all relevant people and make them aware that there has been a death. The leading police officer, often a detective sergeant, will be your main contact during an investigation and will be able to keep you informed about police progress.
Family
On most occasions, the police will take responsibility for keeping close family and other relatives informed.
If it appears a suspicious death has taken place, the police may involve a family liaison officer, who can act as a link between the family and you.
Other tenants or residents
It is important to make sure that other tenants or residents nearby (for example, in the same block of flats) are kept informed during the investigation. The police will be responsible for what information can be given out.
If you have any questions about the investigation, you should speak to the leading police officer.
Journalists
In situations where it appears a suspicious death has taken place, there can often be interest from journalists. If you are approached by members of the press, you should not make any comment during the investigation. A member of the police team will deal with any questions.
Cleaning and repairs
As a landlord, you are responsible for making sure that your property is properly cleaned and repaired (where necessary) after a death. This should also help you to let the property again more quickly, reducing the loss of rental income.
Following a death, cleaning and repair work will involve greater care than ordinary work to the property. The standard will generally be higher, as often a death will leave behind waste that is not safe to have in a property. For example, after a death, traces of blood or other bodily fluids may be trapped under floorboards.
There are many companies that specialise in cleaning properties following incidents such as a sudden death. They will have the equipment, experience and knowledge to make sure all traces of waste are properly removed.
If you have landlord or building insurance for the property, this may be able to help with the costs of cleaning and repairs. However, the cover available will depend on the circumstances of the death. You should always contact your insurance provider to see what is covered under your policy.
Dealing with personal belongings
If the tenant has a next of kin
If the tenant had written a will, it will mention who should keep their belongings and other assets. The person dealing with the will (known as the executor) has responsibility for arranging to remove items from the property.
You should keep in close contact with the executor to help them to carry out their role. This will allow the property to be emptied more quickly, and will shorten the time before you can let it again.
If the tenant did not have a will, any furniture or other belongings of the tenant automatically pass to the next of kin. The next of kin has responsibility for removing any belongings from the property.
You should keep in close contact with the next of kin and family during this time.
When family members or an executor are arranging for your property to be cleared you should clearly tell them:
- by what date the property should be emptied
- if you plan to charge rent during this time
Consider the situation, while you want the property emptied quickly, putting pressure on someone to do so is not reasonable – especially given the circumstances.
It is good practice to provide the above information in writing, such as in a short letter, to the family or executor.
If the tenant does not have any next of kin
If you cannot find any relatives for your tenant, you must contact:
Crown Office and Procurator Fiscal Office
The National Ultimus Haeres Unit
101 Gorbals Street
Glasgow, G5 9DWL
Phone: 0844 561 4846
Fax: 0844 561 4839
The role of this organisation is to trace any living relatives of the tenant. They will carry out a short investigation at the property and may speak to neighbours to gather more information about the person.
Following this, the belongings of the tenant will be collected by a representative and held until a relative can be traced. You will be able to get rid of any items which were not taken. However, you should only do this once you have permission in writing from the Crown Office.
Ending the tenancy
As a general rule for privately rented properties, a tenancy will end when the tenant dies. An exception to this is when there is a qualified person to succeed the tenancy (see information on succession).
Housing Benefit
If your tenant was receiving some form of Housing Benefit, your right to this payment will end on the date of the tenant’s death. To avoid overpayment, you should contact our Housing Benefits Team on 01294 310000 so that we can make a note of these changes.
If the tenant had rent arrears and was receiving Housing Benefit, we can pay you the benefit owed up to the level of rent outstanding on the date of their death. However, you will need to write to us to apply for this payment.
Succession
Assured and short-assured tenancies have the right to succession. This means a person who is qualified continues as the tenant.
Someone is qualified to continue the tenancy if:
- they were the husband, wife or civil partner of the tenant
- they were living with the tenant as a husband, wife or civil partner
- the tenancy was their only or main home before the death of the tenant
In an assured or short-assured tenancy, succession can only happen once. The person taking over as the new tenant will be responsible for the property and rent from the date of succession.
Succession may benefit you as it can reduce the amount of rent you will lose until the property is let again.
Other people who lived with the tenant
If your tenant was living with other family members (that are not husband, wife or partner) or other individuals (such as a friend) before they died, you can arrange a new tenancy agreement with them. These groups don’t have the legal right to take over the tenancy, but you can decide to allow them to if you want.
Beginning a new tenancy agreement may benefit you because it will reduce the amount of rent you would lose in finding new tenants for the property.
If you would like to start a new tenancy agreement, but are not sure if the person will be able to afford the rent payments, you should tell them to contact our Housing Advice Team by calling 01294 314600.
