Rent Arrears and Probate

RAS

Why not check with the Probate Registry?

And check the Land Registry to make sure the property is still in his name?

G_M

RAS wrote: »

Why not check with the Probate Registry?

And check the Land Registry to make sure the property is still in his name?

Google Probate Office. £6 will get you the info you need!

I gave him the Statutory Notice to Vacate (2 months) and after that ....

Assuming this was a valid S21 Notice, I still don't understand why instead of spending 18 months on a harrassment case (or as well), you did not simply seek possession under the S21?

Or was this a long fixed term contract?

In which case a S8 ground 8 could have been used. He'd have been long gone!

Foxy-Stoat_3

All debts must be settled before ANY payments are made to the beneficiaries so you may have half a chance if all your paperwork is in order.

verysad52

I cannot afford a solicitor. With the rent not paid for months and the damage that was caused, plus the solicitor's fees to finally agree to move, I am struggling to get on my feet again.

getmore4less

Foxy-Stoat wrote: »

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.

Most creditors are on an equal footing these days

Secured
funeral
expences

get first dibs at the assets.

Then there are some special cases but unlikely here.
Then the unsecured

Don't forget interest on the debts.


If there are executors chances are the estate is solvent, if insolvent they should not bother and let someone else do it unless they can get paid(eg:solicitors).

Foxy-Stoat_3

This is an unsecured debt so will be the last to get paid, assuming there is enough money.

If there is no mortgage on the property and the solicitors dont eat all the cash then the OP may have a chance.

verysad52

This is the stumbling bloke. The tenant earned plenty but was deeply suspicious of everyone, including his family and he seems to have hidden his money somewhere, and no leads as to where the substantial amount of money has gone. The property, fantastic land, is in joint share with his brother. As for the cash, if no one can find it, what then? Will the Executors and the rest of the people who are owed money be able to force a sale of his assets circa £300 000? The beneficiaries are already rather disgruntled that the tens of thousands they were expecting to be found in the deceased bank accounts are just not there. He was a rather troubled man with mental health issues, hence the suspicions that everyone was wanting to take his money. I think that is why we struggled to get him to move out the flat as he felt that he had a right to stay there, despite going through the correct legal channels.


I am fortunate that I have a friend who is also friends with the deceased family and they are very frustrated with the lack of progress trying to locate his money. Given his character it likely that he has buried or stashed it somewhere.


Fingers crossed the Executor's come to the decision that fighting this claim would just add more costs to the beneficiaries and to save costs they settle.

Mojisola

verysad52 wrote: »

Given his character it likely that he has buried or stashed it somewhere.

Have you had a good look for hiding places in the rent he rented from you?

Brock_and_Roll

it may just be that administering the Estate takes ages - I am still sorting my father's mess out 3.5 years later. So you might have to be patient!

Annie1960

verysad52 wrote: »

The property, fantastic land, is in joint share with his brother.

You need to find out whether this was held as 'joint tenants' or 'tenants in common'.

If it was joint tenants, then it will go straight to his brother, not to his estate.