Rent Deposit Scheme - deceased

CaesandMarms

Hi all,


I was unsure what forum to place this question into.


A bit of background first. My sisters long term partner and father to her son passed away a year ago. At the time they were separated. He stayed in the property which they had previously rented and she moved back home with another member of the family. The deposit for the property they were previously renting together was supplied by the aforementioned family member.


He had no assets and had not made a will and as far as I am aware, no one obtained a grant of representation to administer his estate.


She had enquired with the letting agents about returning the deposit, which is currently held in the rent deposit scheme and they had previously informed her they were in the process remitting the funds over to her. Most recently, they have advised that they cannot do this now as she is not executer of his estate.


In the absence of an executor of the estate, would these funds be repaid to his next of kin (i.e his 8 year old son) and if so, what steps would need to be taken bearing in mind he is under the age of 18? presumably they would go to his guardian?


Thanks in advance for any guidance

Comms69

Were they joint tenants?


If yes, then the money is hers.


If not, they are correct, the money belongs to his estate.


The marriages, relationships etc board has a death and funeral subforum who are great with wills, probate etc.

CaesandMarms

Thanks for the response, I will post in that forum.


in answer to your question, they were joint tenants for a period of 6 years, but not in the year prior to his death

Comms69

CaesandMarms wrote: »

Thanks for the response, I will post in that forum.


in answer to your question, they were joint tenants for a period of 6 years, but not in the year prior to his death

What happened after she left? Was the deposit sorted then? Was there a new tenancy, or did she simply leave?

CaesandMarms

She left, but he remained under the pre-existing lease and the deposit remained in the scheme

Comms69

CaesandMarms wrote: »

She left, but he remained under the pre-existing lease and the deposit remained in the scheme

Then she is a joint tenant and should just reclaim the full amount from the scheme

CaesandMarms

Comms69 wrote: »

Then she is a joint tenant and should just reclaim the full amount from the scheme

Thank you.


Should she not be a join tenant on the paperwork (I am trying to establish full facts, but details are a little vague at the moment) what would the process be then? Presumably the funds would simply form part of his estate? how is the refund claimed if there is no executor/administrator?

Comms69

CaesandMarms wrote: »

Thank you.


Should she not be a join tenant on the paperwork (I am trying to establish full facts, but details are a little vague at the moment) what would the process be then? Presumably the funds would simply form part of his estate? how is the refund claimed if there is no executor/administrator?

Sorry can only comment on the tenancy side, not probate etc - not my field of knowledge

CaesandMarms

Appreciate your help.


What is the position if she was on the lease originally, but the lease was changed to his name solely when they separated? the deposit remained as the original deposit which was paid when they moved in to the property.


She doesn't have the paperwork as his family disposed of it when he passed away.

Comms69

CaesandMarms wrote: »

Appreciate your help.


What is the position if she was on the lease originally, but the lease was changed to his name solely when they separated? the deposit remained as the original deposit which was paid when they moved in to the property.


She doesn't have the paperwork as his family disposed of it when he passed away.

The only way that could happen is if she also signed the lease to change it.


Just go to the scheme, make the claim and see what they say - they're typically good and knowledgeable.

CaesandMarms

What if the lease was jointly signed, but the deposit was protected in his name only? I am now being advised that they have no record of her name on the deposit, even though she signed the lease jointly - is she still protected under the scheme?