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wife not on a contract the husband dies

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799 views 1 replies latest reply: 06 May 2015

Hi, the husband was on a contract.  He died recently.  The wife was living with him but not mentioned in the contract.  The landlord has been fully aware of her staying in the flat, she was writing to him, making calls, etc.  Now that the husband has died what is her legal position? Can the landlord ask her to leave? On what grounds? As she is legally married, would the husband’s right to rent and occupy this flat transfer autimatically to her? Or does she need to have a new contract?  


Hi Veronica

As far as I know the wife’s only rights could be as a subtenant but that’s a pretty grey area. If she’s paying the rent direct to the landlord then that’s a degree of proof of acceptance by the landlord that she’s a subtenant. However, I’m not a lawyer so I couldn’t advise you on that. I think the best approach would be to get a new tenancy signed as soon as possible.


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