[DP]

Yes, it is an interesting one. I think it hinges on whether the Letter of Appointment is in effect an excluded license.

The template LoA states “2.1 You should note that this Letter of Appointment does not grant you a tenancy or any legal interest or right of occupation in the accommodation.”

Given this, I don’t see how it could be perceived as anything else, in which case rent liability would end immediately on death. Anyway, I’ll let you know any further input that I’m able to get.

[DP]

Thank you Katherine. Noted re the WMC – some habits die hard!

Thank you also for the excerpt from the standard letter of appointment. It sounds like you follow a similar practise to ours currently. The fact that contributions and utility bills “must be paid up to the departure date” does suggest that there is no liability beyond the day that a resident is deceased (as distinct from if the resident gives notice). Your practise in working with families after a death seems similar to ours currently. I don’t believe that we can legally enforce a liability for rent on them even if the deceased’s belongings remain in the property (though if they are happy to pay, that is great, and I doubt that disputes arise too often), as I believe the license effectively ends from the moment the resident has deceased, regardless of any notice stipulations.

I have asked for some specific legal advice on this so will update with the response I get in case anyone is interested.

Thank you, Dave

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