Death of a client

On the death of a sole tenant the Tenancy Agreement terminates:

• 21 days after the housing provider receives written notice from the tenant's next of kin of the tenant's death
• 21 days after the housing provider gives the next of kin written notice to vacate the property
• on a date agreed in writing by the landlord with the next of kin or
• on the date determined as the termination date by the Tenancy Tribunal

whichever is earliest.

MSD must have confirmation from the housing provider before they can stop paying the Income Related Rent Subsidy or calculating the rate of Income Related Rent.

The rate of and entitlement to an Income Related Rent would not be reviewed until the earliest of the above dates.

A person is a sole tenant when they are the only tenant on the Tenancy Agreement.

This does not necessarily mean they are the sole occupant of the property.

However, no other people living in the property (such as additional occupants or other people) have ongoing rights to stay in the property after the tenant's death.

For example, the adult children of a tenant living in a house do not have the right to the tenancy after their parent passes away unless they are on the Tenancy Agreement.

For more information see:

• Assessment of eligibility Death of a sole tenant

For the purposes of Income Related Rent, on the death of a joint tenant, the deceased person will be removed from the household type.

Whenever a person is removed from the household type you must review the Income Related Rent for the remaining tenant(s). You must reassess the Income Related Rent from the date:

• the tenant(s) assessable income reduced or
• the deceased tenant died

whichever is the later.

The rate of Income Related Rent should be the rate calculated using the new household type. Exclude the deceased tenant's income from the date they died.

Note the remaining tenant(s) must advise the housing provider of the death of a joint tenant and request a change to their Tenancy Agreement.

If a tenant considers the property is no longer suitable for them to stay in, they may contact their housing provider in the first instance to request a transfer to another property that better suits their housing needs.

The housing provider may refer the client to MSD to request a new assessment of housing need.

For more information see:

• Assessment of eligibility Death of a joint tenant

MSD will tell the housing provider when there is a change to the rate of the Income Related Rent.

Any remaining refund due to the client needs to be made to the tenant's estate. This is as it is money legally owed to the deceased, and the estate can legally pursue it.

For more information see:

• Deciding who the refund should be paid to