Rent Deposit Scheme - deceased

Comms69

CaesandMarms wrote: »

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?

Who is telling you this? The deposit scheme?

silvercar

Are you sure there was no claim on the deposit?

The landlord may have a claim for the property not being returned to him in the state it was let, less fair wear and tear.

Some examples that may apply when a tenant dies mid rental contract.

a) outstanding rent from whenever the tenant last paid until the point at which the estate clears out the property and hands the keys back
b) any notice period required that may not have been given by the estate until after death.
c) costs of damage (above wear and tear) by the tenant on the property while they occupied.

CaesandMarms

Comms69 wrote: »

Who is telling you this? The deposit scheme?

I've coerced some further details from my sister and now have it a little clearer in my head. As far as I can decipher, this is now the position;


They signed the lease as joint tenants in 2012 (together with a guarantor). The deposit was paid tot he DPS. It was a fixed lease for a year which they continued to renew into 2017 when they separated. At this point, he agreed with the landlord to take on the lease as sole tenant.


He passed away in 2018, leaving no will and nothing in his estate. She has spoken to the DPS who have advised that they have no record of her name and therefore she has assumed that the deposit was registered under his name only.


The DPS have advised in the circumstances, they would pay the deposit into his estate (which technically doesn't exist with no executor or administrator) They have said they would pay it to the next of kin, although won't do this if they are under 18. Hence the impasse.


Therefore, as I see it there are 2 avenues -


1) does she have any right to the original deposit, if it was only registered under his name (she put up the deposit, but it isn't stipulated anywhere)


2) If the above cannot be challenged, where does the money held by the DPS go in the absence of an estate? would we have to appeal to their trustees to get it paid over to his son?


Thanks

Comms69

CaesandMarms wrote: »

I've coerced some further details from my sister and now have it a little clearer in my head. As far as I can decipher, this is now the position;


They signed the lease as joint tenants in 2012 (together with a guarantor). The deposit was paid tot he DPS. It was a fixed lease for a year which they continued to renew into 2017 when they separated. At this point, he agreed with the landlord to take on the lease as sole tenant.


He passed away in 2018, leaving no will and nothing in his estate. She has spoken to the DPS who have advised that they have no record of her name and therefore she has assumed that the deposit was registered under his name only.


The DPS have advised in the circumstances, they would pay the deposit into his estate (which technically doesn't exist with no executor or administrator) They have said they would pay it to the next of kin, although won't do this if they are under 18. Hence the impasse.


Therefore, as I see it there are 2 avenues -


1) does she have any right to the original deposit, if it was only registered under his name (she put up the deposit, but it isn't stipulated anywhere)


2) If the above cannot be challenged, where does the money held by the DPS go in the absence of an estate? would we have to appeal to their trustees to get it paid over to his son?


Thanks

Unclaimed estates eventually go to the government.


I think given everything you've said the funeral boards are more likely to help.


It's a inheritance question moreso than a tenancy one

xylophone

Children of the intestate person will inherit if there is no surviving married or civil partner.

Presumably somebody dealt with his funeral/bank account/any pension he may have had?

Who was that person?

https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/

silvercar

The DPS have advised in the circumstances, they would pay the deposit into his estate (which technically doesn't exist with no executor or administrator) They have said they would pay it to the next of kin, although won't do this if they are under 18. Hence the impasse.

I'm very surprised the DPS would release the deposit without confirmation from the landlord that the tenancy has ended. At which point the landlord would need to confirm that he isn't making a claim on the deposit. Has this happened?

silvercar

The DPS runs two schemes, one is custodial and one is insurance backed. With the custodial scheme the DPS holds the deposit. With the insurance backed scheme, the landlord would hold it and the DPS insure it. It may help to find out which scheme the deposit is held with.

Have you found out if there are rent arrears or any deductions?

CaesandMarms

Thanks for the advice all.


the deceased's sister organised the funeral and it is believed that she informed his bank of the death, but their were no assets in the estate and therefore she did not obtain the grant of representation/letter of administration.


My sister has been liaising with the management agency the landlord used and no claim for any deductions have been made by the landlord. The agency have been supportive of the situation, but are unable to assist with the release of the deposit held in the DPS.


The estate is effectively insolvent due to the number of debts, hence the reticence for anyone to obtain the letter of administration. The deposit however was gifted by a family member of my sister, hence the eagerness to see it refunded.


Appreciate it's more of probate type question, but will a Letter of administration need to be obtained to get the deposit returned, or in the absence of such, are their circumstances where it will be paid to the next of kin on production of evidence (birth certificate e.t.c)

davidmcn

CaesandMarms wrote: »

The estate is effectively insolvent due to the number of debts, hence the reticence for anyone to obtain the letter of administration. The deposit however was gifted by a family member of my sister, hence the eagerness to see it refunded.

In which case, any estate should be going towards the debts - it can't be paid out to beneficiaries before the debts are settled.

xylophone

The estate is effectively insolvent due to the number of debts, hence the reticence for anyone to obtain the letter of administration. The deposit however was gifted by a family member of my sister, hence the eagerness to see it refunded.

If the deposit was a gift, then the family member has no further claim on it.

It appears that the ex partner of the deceased has no claim - even if she had, the debts of an estate need to be settled before any beneficiaries have a claim on assets within it.

https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/what-is-an-insolvent-estate/

It seems that the deposit may well be owed to the deceased's creditors.