would you return the deposit

Old_Git

G_M wrote: »

Is this a legal question or a moral one?

Legally, rent is due. So deposit can be used and if insufficient, court action could be taken.

Yes sensitivity at a time of death is good, but it's personal choice.

As davidmcm the estate picks up all sorts of debts which have to be paid before any Beneficiaries inherit. "No money in the bank to pay any rent" at this early stage is premature - have the Executers searched for and valued all assets of the estate? Premium bonds? Investments? a Car?

Bear in mind also there's a possibiity the letting agent will demand their 20% (or whatever), irresepctive. Whether they should, or do, get it from the LL is another question - but there could be hassle from that direction.

Seems overly thoughtful/generous. My mother died 11 months ago and I'm still dealing with her estate, paying bills, and unable as yet to pay any Beneficiaries of her will. OK, some estates are more complex than otherwise, but my point is there's no need to rush.

So far as I and the family know there was nothing left .No car or anythng else .The tenant hadnt been to work for two months and his death was depression related at aged 31.His parents have to pick up the bill for the funeral .

sniggings

Old_Git wrote: »

I asked the deposit protection how I should return the deposit .
I have to claim it back ,and wait 30 days for payment then pay the family.
I have claimed ,but paid it from my own money .I didnt want the family to wait 30 days .

That's nice, but it's not their money as far as you know, it could end up where the estate comes asking for you to repay them, if you have ended up paying the wrong person.

Ok not likely, but if the money is rightly yours why would giving it to someone else be the right thing to do?

kinger101

sniggings wrote: »

Ok not likely, but if the money is rightly yours why would giving it to someone else be the right thing to do?

Because whether or not it is theirs, to some people it would feel like taking it out of the cold dead hands of the tenant. For them, a good nights sleep with a clean conscience is worth more than few hundred quid.

If you have no doubts, keep it. Otherwise, best to return it to the family.

davidmcn

sniggings wrote: »

That's nice, but it's not their money as far as you know, it could end up where the estate comes asking for you to repay them, if you have ended up paying the wrong person.

Ok not likely, but if the money is rightly yours why would giving it to someone else be the right thing to do?

Then you could get an indemnity signed by whoever you do pay it to (in a similar way to to how banks etc deal with small estates). Forcing them to go and get probate may be the legally safest way of dealing with it, but is probably excessive assuming they have no other reason to get it.

savingfortomorrow

sniggings wrote: »

but if the money is rightly yours why would giving it to someone else be the right thing to do?

The OP will incur the loss of a months rent, a family have lost a son/ brother/ friend. Money can be replaced, their loss alas is permanent. The OP had compassion to the family in their time of need.

Practically, it is better for all concerned to end the tenancy voluntarily, rather than chase a debit which will not be paid. Take the decent path, get new tenants. The kindness you have shown the family was the right thing to do. It would have cost you more in bad publicity if you made it more difficult for them- especially in a small community or town.

G_M

Yes, end the tenancy voluntarily - bit properly & professionaly, buy getting a Deed of Surrender signed - but there's a big difference between 'chasing a debt' and returning a deposit which is covering a debt.

Old_Git

This thread is a followup to last weeks thread (now deleted ) some of you may have read it .
If the tenant had just moved out I wouldnt have returned his deposit .
But he passed away(depression related) and I felt it was right to return the deposit .
Ok I loose one months rent on a property with no mortage and little costs,and by the time I pay tax on the one months rental I am not really down a lot .I am sure the tenants family would rather have their son /brother than the deposit .

Marvel1

davidmcn wrote: »

No it doesn't, the executors step into the tenant's shoes, and the estate is liable for the rent etc until the tenancy is ended, whether by agreement or otherwise.

Just curious, does this mean that no other tenent is allowed to rent the property until the fixed term expires?

davidmcn

cjdavies wrote: »

Just curious, does this mean that no other tenent is allowed to rent the property until the fixed term expires?

It means the same principles apply as if the tenant were still alive - neither party is entitled to end it early, but they can if they both agree (which makes sense from the landlord's point of view if the flat has been cleared and there's no more money in the estate to pay rent).

Miss_Samantha

Hi,

Personally, I would have agreed to accept a surrender of the tenancy with immediate effect on the agreement that the deposit would be retained to cover the rent up to that point, and that I would take care of the paperwork so as not to burden them at that already difficult time.

This can be done compassionately, and I am sure that the family would understand that owed rent had to be paid and that the landlord was being understanding.