Death of a co-tenant

Discussion in 'Property Management' started by nuzullandchicky, 23rd May, 2020.

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  1. nuzullandchicky

    nuzullandchicky Well-Known Member

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    I have just had news that a co-tenant (husband) has passed away. The wife is the other co-tenant. The property is not managed by pm and the bond is lodged in both their names. Has anyone had any experience with this? The property is in QLD.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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  3. nuzullandchicky

    nuzullandchicky Well-Known Member

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  4. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    As long as the rent is being paid, I'd personally just give her space and not bother her with any of that stuff now as it is not important at this point in time - the lease still stands, the bond still remains with RTA, etc. In time, eg. next renewal, assuming she stays on, just in her name etc and amend bond then. If she can no longer afford or wants out, she has options, but let her pursue those through QCAT etc, you may like to yield/compromise as you see fit on various matters and simply 'mutually agree'.. never an easy situation to deal with.
     
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  5. datto

    datto Well-Known Member

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    Happened to me a few years ago. The PM just switched all the details to the wife. She’s still there now. Great tenants. I rode his Harley from the IP to the service.
     
  6. nuzullandchicky

    nuzullandchicky Well-Known Member

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    Thanks. Yes she contacted me as we have no lease in place and wants me to change the bond over. I’ve had her sign a form 6 but just wandered if that’s the right one. She is a great tenant and rent has never been an issue. At this stage I have no concerns with her staying on just the protocols on changing the bond into her name.
     
  7. nuzullandchicky

    nuzullandchicky Well-Known Member

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    That is so cool!
     
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  8. Sasim

    Sasim Well-Known Member

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    I had this issue a few years ago (WA). The partner wished to move out of the the property/ break lease immediately which we had no problem with.

    The hardest part for us (all parties) was getting the bond released. Bond Administrator wanted stat decs, death cert (obviously not always available immediately) as well as a receipt from funeral which was in the UK.

    All parties involved were working together, it just seemed so cruel. The partner understandably wasn't in the head space to deal, I was lucky to have his parents to contact.

    Your tenant remaining in the property I think will help with this paperwork not being another layer she has to contend with immediately. I did a letter of concern about the process to the Bond Admin with their support to do so.
     
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  9. Carreyn1

    Carreyn1 New Member

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    No, don’t let her pursue options through QCAT, if she is looking to move, do the right thing and terminate the lease by mutual agreement with no penalty. I lived through the loss of my husband just a few years ago, my extremely decent landlord did just that and I’ll be forever grateful.

    You also don’t need to do any paperwork for the bond, when the tenant wants to claim it they just need to supply the death certificate to the RTA.

    Edited to add this was in Queensland as well
     
  10. luckyone

    luckyone Well-Known Member

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    QCAT is also extremely backed up at the moment. You'll be waiting months for a court date. Not worth the stress.
     
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  11. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    Horses for courses, if the deceased's estate has money and forensic cleaning and rectification/remediation (not covered by insurance) to the property because they er killed themselves very unpleasantly has cost the owner $30k (I'll never forget that smell - and slab grinding, I didn't even know that was a thing), then you go after the estate for the money - that is reasonable, but if it is just a few hundred on a unpaid water bill and they essentially have no family remaining and an estranged brother who owns nothing but his two shoes, you just wear it. Every situation is different. Act with compassion, empathy, respect, etc. at same time do what is right for you too - nothing is free, no one owes anyone anything, a tenancy is a commercial arrangement, give and take on both sides where and when required.
     
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