Problem with deposit on rented house.

Delster_2

My dad died recently and was living in rented accommodation. We notified the agency he rented the house through and cleaned out the house. We’ve since been told the deposit is not being returned because the owners are now losing money as the house is empty and that the contract still stands, even though my dad has died.
They said it’s the owner’s decision whether they return the deposit. He also said that the carpets needed cleaned and that he found dust on the banister. Surely the cost for the cleaning should be deducted from the deposit and the remainder returned? We were told that his estate is now liable for the contract, but there is no estate. He lived in rented accommodation and had no savings.
Any help is greatly appreciated.

Colincbayley

I am afraid the agent is correct. There is an estate as such ( the deposit )

There has been a 'frustration' of contract and the LL is within his rights to retain the deposit in this case. However 'unfair' it may seem.


Sorry.

BitterAndTwisted

What kind of contract did your father sign, when did the tenancy commence and what was the term?

chappers

Colincbayley wrote: »

I am afraid the agent is correct. There is an estate as such ( the deposit )

There has been a 'frustration' of contract and the LL is within his rights to retain the deposit in this case. However 'unfair' it may seem.


Sorry.

Are you sure on this ,that would be the case for a security deposit that was made on a contract, that became frustrated before occupation.
But a dilapidation deposit belongs to the tenant and if the contract is frustrated when it is partly completed then the tenant would only be liable for sevices supplied by the landlord upto the point of frustration i.e rent and damages upto that point.

Colincbayley

chappers wrote: »

Are you sure on this ,that would be the case for a security deposit that was made on a contract, that became frustrated before occupation.
But a dilapidation deposit belongs to the tenant and if the contract is frustrated when it is partly completed then the tenant would only be liable for sevices supplied by the landlord upto the point of frustration i.e rent and damages upto that point.

Fair point. In which case it would depend on when the rent was paid up until and when the property was returned to the LL.

snapping_crocodile

Sorry to hear about your dad. Just to say I was in your position last June. But fortunately for me the landlord was fantastic. He spoke to the DPS and explained the situation, and gave them my details as next of kin. They then forwarded a cheque to me. Do you know which deposit scheme it was lodged with? If you do try and phone them and ask for some advice.