Rent Arrears and Probate

verysad52

Anyone out there who can help me? I rented out a flat to a man who was charged with Harassment and could not go back to the flat, but he refused to either pay the rent or vacate when this ruling was made. Finally after 22 months he vacated and my solicitor suggested only after he had vacated that I should claim for rent arrears, since the claim would still be within the 6 years time allowance. I wrote two letters to the man asking him to pay the rent arrears and received no replies. I received a phone call a few months later to say that the man had died suddenly aged 55 years. I have put in my claim to the Executors and have received a one line receipt of my letter and attachments to show his tenancy agreement, rental schedule and witness statements. How long are the Executors allowed to wait before giving me a response to my letter saying whether they accept the claim or not. I know that the deceased has made a right mess of his finances and there are other debts outstanding, but he does have land and property.


The amount outstanding to me alone is £14 500. Thank you.

G_M

I don't really understand how a tenant came to be dened acess to his home due to harassment - was this a domestic? Was he a joint tenant?

If so, why were you not pursuing the other joint tenant for the rent?

Or indeed why you waited 22 months to pursue him!!!?

Having said that, if you wish to pursue his Estate, you need to write a 'Letter Before Action' to his Executers giving them, say, 2 weeks to resolve the matter, then sue.

You might be need to be more flexible since it may be that the estate's assets are frozen pending Probate.

verysad52

The tenant was renting the top flat and I am in the garden flat. I gave him the Statutory Notice to Vacate (2 months) and after that he harassed both my daughter and myself, resulting in his bail conditions saying he was not to return to the flat. You ask why he was denied access... he shot a bullet through my window, flooded the flat and broke into my garden flat and vandalised my car. The Court case was delayed several times by him turning up drunk and it took over 18 months to get to Court. I received a letter to say as Landlord that I was not allowed to remove his belongings. After his conviction he was not allowed to return to the flat, or anywhere near either of us so he only then decided to vacate. Perhaps he thought that if he was not found guilty of harassment, he would be able to just make things difficult by staying in the flat and not paying rent, forcing me to spend yet more money on solicitor's bills. It was only when he agreed to Vacate that I could proceed as I was told I cannot make a claim for rent arrears when I did not know the exact amount.

Foxy-Stoat_3

Rent arrears of £14,500, how much was the rent?

You will be an un-secured creditor as such will be low on the list of getting paid which may make the Estate insolvent. If the deceased had no life cover you may not see any money unfortunately.

Get all your paperwork into the Executors and keep chasing them and hope for some money.

DaftyDuck

For that kind of debt, in those circumstances, with that history..... engage a solicitor to deal with it.

Foxy-Stoat_3

DaftyDuck wrote: »

For that kind of debt, in those circumstances, with that history..... engage a solicitor to deal with it.

First assess if there is any likelihood of ever receiving money back against the cost of the solicitor. @ £200+ plus VAT an hour I wouldn't be throwing more money away chasing a debt that may not be paid.

dzug1

Probate is normally a matter of as long as it takes - has it been granted yet?


There is the concept of an executor's year during which time you can't really force the issue - other than making sure the executors have received and acknowledged your claim. (and yes you should press them on that) No point in doing any more until they have actually rejected it (then you can sue)


And as already mentioned there is a high probability that the estate won't be able to pay anyway.

rosyw

Speaking as someone who has acted as an executor I would say by all means put in your claim to the estate and ask whether probate has been granted, or if not when it is likely to be granted, assuming of course that the estate even requires probate. If probate isn't required then there's little chance of getting paid as there simply won't be the money to pay you. Also do bear in mind that the executor/s may well be grieving over their loss and that although you do need to chase this, remember that this is NOT their debt, so constant chasing won't help and just makes thing more difficult and stressful for all concerned.

Mojisola

If the deceased did own land and property, the estate will have to go to probate.

verysad52

The Executors are Solicitors. There is also the funeral expenses and a credit card bill for £6K. There is property with no mortgage on. There are four beneficiaries to the Will and so somewhere along the line, the tax man, the credit card company and whoever else who is owed money, will be able to recover their money. Is it appropriate to ask the Executors i.e the solicitors, if Probate has been granted?

Mojisola

verysad52 wrote: »

Is it appropriate to ask the Executors i.e the solicitors, if Probate has been granted?

Can't think of any reason why you shouldn't.