Landlords agent demanding property be returned

Shelldean

Omg you're lucky you've had so much time!!

My Nan died on a bank holiday weekend ( the Sat) the first working day afterwards we informed her landlord, the local council. And they fully expected the keys back there and then. We hadn't even registered the death at this point.

Tbh they weren't the nicest to deal with, and tried to tell us (my sister and I) that's we would be liable for the rent until we hand the keys back. Thankfully we knew this to be untrue.
We finally negotiated three weeks, well just under three weeks.

Which by hook and crook we managed it.
This was Nan's home for 82 years!!!! And both sister and I had families to care for. Neither of us drove and the property was 45 minute bus ride from our home. So it wasn't an easy task. But we managed it.

So while I'm sorry for your loss you do need to consider the landlord perspective too.

45002

OP previous thread https://forums.moneysavingexpert.com/discussion/6011659/insolvent-estate

45002

Just reading this thread again.

If has been a joint tenancy since 1994 "Assured tenancy" and no section 20 noticed issued and if the son been living there he may have succession rights to the tenancy ?

https://england.shelter.org.uk/housing_advice/private_renting/assured_tenancies

But with the lack of a TA and rent arrears, LL may be able to get the property back with a possession order !

AdrianC

45002 wrote: »

OP previous thread https://forums.moneysavingexpert.com/discussion/6011659/insolvent-estate

"my mother passed away. She had no property, no valuables"
Hmm...

Morrit wrote: »

I am still taking inventory of everything, incase I come across any jewellery or antiques that may be worth anything. She wasn't best organised. There was no will as she said she didn't have much to give anyway, only a letter bequeathing me all of her possessions.

OP - it really does seem as if you might be missing something. "Heirlooms" are assets, part of the estate. Anything you find goes into the pot, not your pocket, until all the debts of the estate are paid off.

And, right now, that includes the escalating rent bill...

Marvel1

You need read this in regards to the insolvent estate.

https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/

If this was me I would not take on the role as executor and walk away.

[Deleted User]

It doesn't have to, but clearly you make it your business to ensure that it does.

Ms_Chocaholic

When my father died he lived in a Council flat, we cleared it in a matter of days.

OP - why don't you hire a man with a van for a day.

gingercordial

googler wrote: »

No, they're taking the valuable items out of an unoccupied home to secure them against (for instance) theft, fire or flooding, and removing them to a safe(r) place.

Moving them from one place to the other does not remove them from the estate.

Well OK, fair enough the OP could say that's what they're doing, but she has to realise in that case they are not hers to keep yet and may need to be sold to pay the estate's liabilities.

The OP said there was no will but:

"a letter bequeathing me all of her possessions"

And that will have no force to grant her ownership of the valuables until the estate's debts are settled (and even then presumably no legal effect, but only if OP is the one who would inherit the residual of an intestate estate).

My point is as long as the lease is running the estate's debts will be increasing and fewer and fewer of those valuables (if any) will end up being OP's to keep. Regardless of where they are physically located at the moment.

Skiddaw1

Ms_Chocaholic wrote: »

When my father died he lived in a Council flat, we cleared it in a matter of days.

OP - why don't you hire a man with a van for a day.

I think the problem is that the OP is benefit-dependent, disabled and bankrupt. I doubt she has the money to hire a man with a van and whilst I agree the LL is within their rights to want the flat emptied and keys returned it's really not helpful (as one poster did earlier) to suggest the OP is somehow deliberately frustrating the process. The ideal thing would be for other family members to lend a hand but I think from what the OP says she's on her own.


I'd suggest the OP agrees to meet with the LL/representative at the flat so they can see the extent of things (and meet the OP face to face) and see if something can be thrashed out. Perhaps the LL knows someone who would be prepared to help clear the flat at a minimal cost or some other solution found.

martindow

Regarding the heirlooms, doesn't it depend what these are. If we are talking about things of sentimental rather than actual value there is no real problem the OP taking these - a few otherwise virtually valueless pieces of furniture vases or costume jewellery, for example. If on the other hand it is gold or jewellery of real value these must be sold to settle debts.