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    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
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Ok, so I moved out of my flat a week on Friday and I'm so glad to be rid of my horrible Landlady, but now she's refusing to pay me back my deposit. Here is the e-mail she sent me and my comments in red....

 

"Thankyou for your e mail. I have now had a good look at the property and I think you will be owing me money rather than me giving you any deposit back due to the following;

-Iron burn on lounge carpet replacement needed.Definately there when I moved in, didn't notice for a couple of weeks as its in the corner of the room.

-Fire surround cracked and replacement needed or some one in to fix it. I have already spoken to her about this. This occured when the fire wasn't working properly so we had to turn the ignition loads of times to get it to work which in turn created a crack in the plastic behind the ignition dial (I have pictures)

-Gas cooker not cleaned enough so cleaners will be brought in. Fair enough, an hours work tops so £10

-Microwave interior paint missing from below the circular turntable.This is fair wear and tear when I cleaned out the mircowave regularly the paint came off in flakes.

-Present shower curtain left in property was broken on the first eyelet, the original shower curtain was badly stained and replacement needed. I am happy to replace, as I have another one spare.

-Bedroom 2 carpet badly stained and collection of rubbish left under bed so cleaner needed. Flat mates room, will clear rubbish myself, but how much rubbish can there be under a divan bed? £50 approx for carpet to be cleaned.

-Bedroom 1 carpet iron mark on the carpet and replacement needed. Will pay for replacement carpet, 'like for like' £150 (if carpet costs £300, calc from ARLA)

-Dehumidifier caster wheels missing.£10 for missing wheels

-A gas card meter fitted to the gas meter which is against the tenancy agreement, presently £15.08 owing on the meter. Nothing in tenancy agreement, will pay for £15.08, gas meter can be removed for free.

So a lot of work needed to get the flat back to the standard that it was when you first rented it."

 

So thats that, altogether it comes to about £235 and my deposit was £425. When I left the flat I went back and cleaned it from top to bottom and have photos to prove how clean it was (struggled to get oven to her standards though). When we moved in we had an inventory list of items but no mention of state of carpets or walls etc.

 

During my time their the flat was constantly damp, with some of the walls covered in mould, and some of my shoes in the wardrobe and pictures on the window sill have gone mouldy.

 

Any advise on what I could do would be appreciated.

 

Thanks!

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Couple of Q's

 

was it a joint tennancy? and how many people?

 

did you both (or more than 2) pay deposits?

 

has your flatmate(s) got their deposit back?

 

She has to prove costs to her and as you said only replace like for like - simply send a letter requesting the full deposit back (in writing sent recorded delivery) and put in letter if full deposit isn't returned you want receipts/invoices for work done. Give a deadline and then LBA and then courts.

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Hi Blacksheep1979, Thanks for yout reply, In response to your questions,

 

1) Yes it was a joint tenancy with one other person.

 

2) The other tenant moved out a while before me so I have her £200 towards the deposit, so anything I get will be mine.

 

3) so no she hasn't recieved anything either.

 

Will do as you say, but do you think all the comments I've written are fair and do you think I should mention my possessions that were ruined because of the damp in the flat.

 

Also at the start of the tenancy, the landlord asked me to use the dehumidifier she provided (which I did nearly everyday) and that it would only cost as much as a light bulb which I have since found out probably isn't true, as most electronic devices powered by a motor use quite a lot of electricity, do you think I should mention this?

 

Thanks again!

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Did you ever mention the damp to the landlord - if you didn't then they weren't given the option to remedy the situation before it did any damage.

 

If the inventory didn't mention condition of any of the carpets etc when you moved in and or you didn't agree to the condition of items on that list then its not really relevant.

 

as to your other points

 

microwave - fair wear and tear - yes

shower curtain - would say that s fair wear and tear, especially if the house is damp

 

 

The rest I wouldn't admit to - and can I ask how you managed to get iron marks on your carpet?

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Thanks again blacksheep.

 

I mentioned the damp to the landlord loads of times and she was definately aware before we moved in as she gave us a dehumidifier.

 

The only thing I've admitted to is the iron mark on the bedroom carpet, as I don't want to lie, but it ****es me off that a stupid little mistake can cost so much.

 

Basically I was ironing (on a ironing board) and didn't put the iron down properly and it fell off and landed face down, and even though it was only for a couple of seconds theres a huge mark.:eek::(

 

So do you think I could claim compensation for the things the damp have ruined?

 

Also I'm concerned that she may try to sue me before I can sue her (if it comes to that) or counter sue as she reckons I'll owe her money.:evil:

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She more than likely won't sue as if she has any sense she'll know it'll get thrown out and your costs (for travel etc) will have to be met. You should have called one of the council agencies to confirm the damp and you would have been able to claim a percentage of the rent back (depending on severity of damp). If you put it to the landlord that as she didn't fix the damp on numerous occasions it was reported and due to this you have suffered damage to property and the extra expense of running a dehumidifier this more than offsets any claim she has to any deposit monies and so you expect it all back in full.

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