I had a question from a client regarding his elderly tenants. One had died and the other had gone into a home. During the pandemic they had stopped paying rent and owed him quite a bit of money. He’s not long got his property back and wanted to know what he could do to recover the outstanding debt.
Basically if your tenant dies owing you money it can be difficult to get it, even from their estate. You would have to establish if they had a will and, if they did, potentially amend your claim to go against the executor. Establishing the existence of a will can be a problem.
When it comes to enforcing collection of debt against deceased persons, you do so in the hope there are assets present at the property. It’s a risk in the sense that unless the assets are both accessible and valuable there won’t be much you can do under a High Court Writ of Control.
Regarding the joint tenant that was still alive, enforcement agencies generally base their actions on debtor behaviour and available assets and thus unless the remaining tenant would be co-operative, it’s unlikely they would be successful in recovering the money. Debt collectors can visit care homes, but they can’t force entry or compel the staff to assist them..