The unfortunate case of a housing association apologising to a tenant for asking for extra rent in case he died highlights a point about how landlords deal with the death of a tenant.

Few landlords would be aware of any clause in a tenancy agreement that covers the event.

Not only does the landlord need to assist the tenant’s family in this difficult time, but factors like who pays for utility bills, rental voids and clearing the house need consideration.

For tenants on housing benefit, payments expire with the tenant – on the date of death – but the tenancy may run for longer, in this case four weeks after death.

Oxford Citizens’ Housing Association is looking at their arrangements for dealing with death after asking Michael Sherry, 70, for some extra rent £13 on each regular £192 payment to cover arrears which might arise if he died.

A spokesperson said: “Payment of rent in advance is a standard requirement of our tenancy agreements and we explained this when writing to the resident concerned.

“However, we accept that it was unnecessary and inappropriate to also mention what happens in relation to rent payment when a resident has died.”

The letter sent to Mr Sherry, who is in good health, said : “In the unfortunate event of a resident dying, housing benefit payments stop on the date of death, whereas the tenancy does not end for a further four weeks.

“So, it is good to be in credit so that the family or next of kin are not burdened with finding the rent money for this period at what is already always a difficult time.”

OCHA will look at rewording the letter in a more sympathetic format.

If you are taking in a lodger you need to make sure all the legal bases are covered with an effective agreement that  covers your rights and your property.

To help you, Property Investment Expert has teamed up with Lawpack, a leading legal form publisher, to put together a toolkit for landlords taking  in a lodger.

The kit covers all the forms needed for letting out your room.

Starting with a lodger application to take important details, the kit provides all the legal paperwork and guidance a landlord needs to take in a lodger.

One of the most important forms is a lodger agreement (England and Wales – see below for other agreements) – that covers a landlord who wants to rent a room in a furnished property where the landlord lives and shares common parts of the property, like the bathroom, toilet, kitchen and sitting room, with the tenant or tenants.

If you are not living in the property, don’t use this agreement – you need a separate assured shorthold tenancy agreement.

Don’t forget that you can keep track of what your lodger pays with a rent book.

If you are ending an agreement with a lodger, you may also want to consider  the lodger termination document.

You can also buy a comprehensive book Taking In A Lodger – A Legal Guide that takes you step by step through the process.

These downloads come with clear guidance on how to fill the form in and how to use the agreement with your lodger.

Different agreements apply in Scotland and Northern Ireland, so be sure to click the right link and check the title before you download.

A new law aimed at giving tenants protection from eviction if their landlord fails to pay the mortgage on their home has cleared the House of Lords.

Labour MP Brian Iddon’s Mortgage Repossessions (Protection of Tenants) Bill only requires royal assent to become law.

Lord Best, who is a chairman of the Property Ombudsman, told the Lords that the bill was aimed at cases where the mortgage lender did not realise the home was being let.

He explained tenants in this situation were not protected by law and if a lender tried to repossess the property the tenant may be evicted without notice.

The Bill gives tenants the right to be represented in a possession hearing and for a court to delay repossession by up to two months while they find a new home.

Getting the last day of a tenancy right when serving Section 21 notices to regain possession of a letting property has often presented problems for landlords.

Many judges throw cases out of court at the last hurdle because the date the landlord specified in the notice does not match the one on a tenancy agreement – and this meant drafting new and serving new forms and injecting more delay in to the proceedings.

As a result, many Section 21 notices include ‘saving clauses’ that give a wording aimed at satisfying court queries that gives an ‘either or’ choice to the tenant and judge by listing a date and a formula that says if the date is not correct, then here’s a formula to work out the right one.

Many judges accept this wording and some do not, which has led to uncertainty for landlords and their legal advisors in drafting Section 21 notices.

A recent Court of Appeal case Elias v Spencer [2010] EWCA Civ 246 is the latest in a line of cases that has directly or indirectly highlighted this problem.

In this case the landlord served a notice with the wording:

“After: 22nd November 2008 or, if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy”

The tenancy agreement ended on November 21, 2008,

The court held the wording after the date on this notice was sufficient to make the notice valid and the appeal was refused.

This Court of Appeal judgment is binding on lower courts.

‘Section 21’ refers to the legislation stating how a landlord must serve a possession notice on a tenant under Section 21(4)(a) – (b) of The Housing Act 1988.

Click here to buy the latest solicitor-approved Section 21 notice

TIP: A Section 21 notice can be served in person or by post.  The best way to prove service is by sending the notice by registered post that needs a signature on receipt. This is recorded by the Royal Mail and can be evidenced in court to prove service.