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Deceased Estates - Vacated Properties
Fact Sheet
Fact Sheet [RTF 493KB]
Fact Sheet [PDF 341KB]
What action does Housing ACT take when a sole tenant dies?
Housing ACT deals with the death of a tenant with the utmost sensitivity and respect for the grieving family. Officers adopt a co-operative and supportive approach and work with the family on any outstanding tenancy issues that need to be resolved.
What if the tenancy was in joint names or there are other occupants?
If the tenancy was held jointly in the names of more than one person, or there are other residents who are non- tenants, the issues are more complex than those involving only a sole tenant occupant. These matters are outlined later in this fact sheet.
You may be assured however that Housing ACT will consider the needs of ongoing occupants with sensitivity and will work with them to achieve a satisfactory outcome. It is important to know that the occupancy rights of a remaining former joint tenant are well protected by ACT tenancy law.
What should the Executor of the tenant’s estate, or other authorised family representative do?
The first step is to notify Housing ACT of the tenant’s death by contacting the Property Management Vacants Team. Please refer to contact details at the end of this document. At this time the Executor, or other authorised family representative will be invited to discuss in detail any issues of concern to them.
Housing ACT may need to ask for documentary evidence of the tenant’s death such as a death certificate or newspaper notification. Evidence of a person’s status as Executor or authorised family representative may also be requested.
Housing ACT will arrange to have the rental account noted to show that the account is now held in the name of the Estate of the deceased tenant. From then on, all contact concerning the tenancy will be made through the Executor or authorised family representative.
Tenants and their representatives are reminded of the importance of ensuring that their contact details such as next of kin and telephone numbers are kept up to date with Housing ACT.
What about ongoing rent payments?
Where the deceased tenant’s rent was paid by automatic deduction from their Centrelink pension or benefit or from their bank account, the Executor or authorised family representative will be invited to inform Centrelink or the bank in question of the death. In relation to deductions from a bank account, they will also be asked to discuss with the bank their options in relation to ongoing rent payments.
If rent deductions are stopped the Estate will continue to be responsible for ongoing rent payments until the tenancy is surrendered and the keys of the dwelling are returned to Housing ACT.
Provided the dwelling is surrendered within the agreed timeframe, rent will ordinarily continue to be charged at the rate applying at the time of the tenant’s death.
How long can the Estate hold the property?
Housing ACT will talk with the Executor or authorised family representative to agree on a suitable timeframe to address outstanding tenancy or other issues prior to the formal surrender of the property. Three weeks is a typical timeframe but flexibility is exercised, depending on the circumstances. Once agreement is reached Housing ACT will write to the Executor or authorised family representative to confirm the agreed arrangements.
How is agreement reached on any outstanding tenant responsible maintenance ?
As part of the above process, representatives of Housing ACT and the Total Facilities Manager will arrange a time to meet with the Executor or authorised family representative to conduct an inspection of the property.
At this time all visible tenant responsible maintenance will be identified. The Executor or authorised family representative will receive a copy of the inspection report and will have the opportunity, if they wish, to undertake any works identified as tenant responsible maintenance prior to handing back the property. Otherwise the works will be completed by the Total Facilities Manager.
The cost of any additional tenant responsible maintenance that was not able to be identified at the preliminary inspection prior to the removal of furniture will also be documented.
The tenancy will be formally terminated on the day the property and keys are surrendered. The account for any outstanding rent, tenant responsible maintenance, cleaning and other chargeable items will be sent to the Executor or authorised family representative once these charges are assessed.
What happens to any “non-standard” items left at the dwelling?
Subject to agreement with the Executor or authorised family representative, non standard items such as curtains, blinds and curtain tracks may be left at the property if they are in good condition and do not represent a risk to an incoming tenant. The same is true of dish washers and air conditioners if in good condition and the Executor or authorised family representative chooses to leave them at the property.
What about things like tenant modifications, pergolas, garden sheds, garages and carports?
As special conditions apply to items like these, inquiries should be made during discussions with Housing ACT.
What happens if there are no moneys or assets available from the Deceased Estate to meet the cost of outstanding items mentioned above.
On production of documentary evidence, such as a letter from the Office of the Public Trustee or the solicitor acting for the Estate, consideration would be given by Housing ACT to write off the debt.
What are the arrangements if the tenancy was held in joint names; for example in the names of the deceased tenant and his or her partner?
The Residential Tenancies Act 1997 provides that, after the death of a joint tenant, the tenancy continues to operate, with the surviving tenant as the sole tenant. The Residential Tenancies Act regulates residential tenancies in the ACT, ensuring that the rights of tenants and lessors are protected. When disputes arise the parties may seek to resolve the dispute through the ACT Civil and Administrative Tribunal (ACAT).
You are invited to discuss these matters in detail when informing Housing ACT of the death of the other joint tenant.
What happens where dependent children are left behind in the dwelling?
This issue should be discussed urgently and in detail with Housing ACT when notifying the death of the tenant. In these circumstances Housing ACT may need to obtain the assistance of agencies such as the Office of Children, Youth and Family Services, the Public Advocate, and the Public Trustee for the ACT.
What about adult children who are non-tenant residents?
This would depend on the circumstances. Although, in general, non-tenant occupants have no automatic right to continued occupancy of a dwelling, a short term Occupancy Agreement might be offered initially to provide time to fully consider the occupant’s circumstances and housing needs.
Other Issues
What assistance is available from other agencies?
Centrelink
Depending on eligibility Centrelink provides a range of services for bereaved persons.
For example, bereavement payment or allowance may be available to a person’s partner following the partner’s death. Similar assistance may also be available in relation to a deceased person who was in your care.
Details are available from Centrelink. The Centrelink publication Needing help after someone has died? – a guide to your options and our services is particularly helpful. The publication also provides advice on who to notify following a person’s death. For more information please contact your closest Centrelink Customer Service Centre or visit their website (www.centrelink.gov.au).
Office of the Public Trustee
The Office of the Public Trustee for the ACT can also provide advice and assistance concerning deceased estates. You can contact them by telephone on 02 6207 9800.
The Office of the Public Trustee is at:
Ground Floor
221 London Circuit
CANBERRA CITY
You can visit their website at www.publictrustee.act.gov.au
Further Information/Contact Details
For further information, please telephone 133 427 and ask for the Housing ACT Property Management Vacants Team, or visit Gateway Services.
Gateway Services
Nature Conservation House
Cnr Emu Bank & Benjamin Way
Belconnen Town Centre
(open 9.00 am to 5.00 pm Mon to Fri)
