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Landlord refusing to return deposit to us after father in laws death


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Hi,

 

Long story but we moved into a flat in approx 2004 and lived there for 2 years. We paid a £400 deposit. My father in law moved in with us (landlord knew about this) and after 2 months we moved out and the tenancy was signed over to my father in law, with is as guarantors. Our deposit was transferred over to cover my father in laws deposit. So from 2006 until now my father in law lived there. Unfortunately just before Christmas my father in law died unexpectedly. He left no will and had no real money, (a small pension, very little in his bank account). He is not married, he had 2 children my husband and my sister in law. The police have put my husband down as next of kin.

 

My husband found out whilst going through his fathers paperwork, letters regarding his father paying an extra £50 every 2 weeks to the landlord to cover a water bill he had got into debt with. The landlord had agreed pay it for him. The latest letter my husband found was from the landlord saying the water bill had finished and there was one more bill of £100 to pay. When my husband questioned the landlord he said my father in law had kept paying it even after the bill was dealt with. My husband has worked out this would have been £600 over payment.

 

So the landlord has £400 security deposit and £600

Of my father in laws money.

 

The landlord has told us he is just working out the money and the cost of cleaning the flat (it was very dirty, no carpets just laminate flooring everywhere). We have now received a letter from him saying

 

In relation to the deposit and fathers overpayments I can confirm I have most of the information in hand. I need to get the figures accurate so am just awaiting the cost of cleaning.

 

Please do not feel I am being awkward with you,(as I also wish to resolve this quickly as possible) but I will require information on who is the executor of your fathers will, or the licensed administrator of his estate (if he died intestate).

 

This may well be yourself, a family member, or a nominated person but we are only permitted to discuss this with that person. As any monies must go to your fathers estate.

 

Please supply this at your convenience so the matter can be resolved.

 

Regards

Xxxxx

 

What do we have to do, to sort this. We agree there needs to be cleaning but now he's asking for a licensed administrator. I've tried looking this up and am unsure whether you have to pay for this. Do we need to go to a solicitor or does my husband write back and say there is none as next of kin all monied should come back to him?

 

It's not a huge amount but it is what will help with the funeral costs. We not after the money for ourselves just for the funeral costs.

 

Any advice would be most appreciated.

Thanks

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Hello there. I'm sorry to hear of your loss.

 

It's perfectly possible to administer an estate yourselves. Here area a couple of links.

 

https://www.moneyadviceservice.org.uk/en/articles/sorting-out-someones-estate-where-to-start

 

http://www.ageuk.org.uk/money-matters/legal-issues/dealing-with-an-estate/

 

HB

Illegitimi non carborundum

 

 

 

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LL advice is accurate. Deceased's son & daughter need to apply to Probate Registry for Letters of Administratioin, with name and relationship to deceased. Since he was never? married, offspring are next in line, both may be appointed co-administrator's if willing (mention this in letter). The duties are same as Executor, to compile list of deceased's income and any outstanding bills paid, then apply for Probate. Fairly simple Estate to administer, from what you say. Then LL can deal direct with the Administrator{s).

 

 

Deceased's deposit/overpayment is part of his Estate, irrespective of source, assuming no formalloan agreement in place.

On grant of Probate, the remainder of the Estate will be equally divided between surviving offspring. At that point brother & sister can decide who paid the deposit.

 

 

Have you cleared father's personal belonging from rented property and given LL due Notice? If not, do so now, a T does not end on death of T, but the LL sounds a reasonable person.

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LL advice is accurate. Deceased's son & daughter need to apply to Probate Registry for Letters of Administratioin, with name and relationship to deceased. Since he was never? married, offspring are next in line, both may be appointed co-administrator's if willing (mention this in letter). The duties are same as Executor, to compile list of deceased's income and any outstanding bills paid, then apply for Probate. Fairly simple Estate to administer, from what you say. Then LL can deal direct with the Administrator{s).

 

 

Deceased's deposit/overpayment is part of his Estate, irrespective of source, assuming no formalloan agreement in place.

On grant of Probate, the remainder of the Estate will be equally divided between surviving offspring. At that point brother & sister can decide who paid the deposit.

 

 

Have you cleared father's personal belonging from rented property and given LL due Notice? If not, do so now, a T does not end on death of T, but the LL sounds a reasonable person.

 

Hi thanks for the info. Having looked at the age concern link it says if the estate is worth less than £5000 then you don't need to go to probate . The estate is worth a totL of about £1000. Since he's written this letter I guess he is wanting us to go all through the rigmarole of becoming an administrator. Do you know if you have to pay for this?

 

The landlord asked for the flat to be cleared a week after his death which was done. We haven't given notice though. He wasn't married (mil passed away a few years ago). So we know it goes to the children.

 

Thanks

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Suggest you write the Probate Offce, explain that father died without leaving a Will, Give full name & NI number (if known) and ask for Letter of Adminiistration. On investigation it appears the Estate is not likely to exceed £1000 from bank account (if any) and refund from LL.

There is a charge for Probate registration, but I doubt they will charge you for a letter stating Probate & LoA not required.

Give your full name and relationship to deceased (son).

Their reply (no LoA reqd) should satisfy LL. He is prob as ignorant about current Probate rules as the rest of us. LL sounds a decent chap if he did not expect rent after father's death / time to clear property.

Most people think Ts death ends T, it doesn't, hence suggestion about giving Notice.

I suggest when LL refunds deposit/overpayment, you acknowledge amount received 'in full & final settlement' for Tenancy.

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