We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Rent Deposit Scheme - deceased
Comments
-
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.
If it was a joint deposit, protecting a joint tenancy, then there is an argument that the deposit is owned 50/50 between sister and the deceased. As such the sister may have a claim on half of it. How she extracts that 50% without being responsible for putting the other half towards the estate's debts in a fair and proportional manner is a difficulty. It may be the costs of doing so outweigh the benefits of the sister getting her half.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
* Until 2017, they had a joint tenancy with the deposit registered with DPS.
* In 2018, the deceased signed a new sole tenancy.
* consequently at that point the previous joint tenancy ended.
* as the joint tenancy ended in 2018, the deposit should have been returned at that time to one or both of the two joint tenants. That did not happen
* a new deposit should then have been taken from the sole tenant of the new tenancy, and registered. This did not happen.
The legal situation therefore is that:
1) the deposit held by DPS relates to the pre-2018 joint tenancy. The OP as one of the 2 joint tenants, should now reclaim it.
2) the replacement, post-2018 sole tenancy was set up without a deposit being taken. There is no deposit to be returned in relation to this tenancy.
Thus the issue of the Estate claiming the deposit does not arise, and nor does the complication of the Beneficiary being a minor.0 -
* Until 2017, they had a joint tenancy with the deposit registered with DPS.
* In 2018, the deceased signed a new sole tenancy.
* consequently at that point the previous joint tenancy ended.
* as the joint tenancy ended in 2018, the deposit should have been returned at that time to one or both of the two joint tenants. That did not happen
* a new deposit should then have been taken from the sole tenant of the new tenancy, and registered. This did not happen.
The legal situation therefore is that:
1) the deposit held by DPS relates to the pre-2018 joint tenancy. The OP as one of the 2 joint tenants, should now reclaim it.
2) the replacement, post-2018 sole tenancy was set up without a deposit being taken. There is no deposit to be returned in relation to this tenancy.
Thus the issue of the Estate claiming the deposit does not arise, and nor does the complication of the Beneficiary being a minor.
Unless the deceased signed (as lead tenant) an agreement for the original deposit to become the deposit of the new tenancy agreement......I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Why not apply for letters of administration and then claim it for the estate? Letters are free for very small estates.0
-
* Until 2017, they had a joint tenancy with the deposit registered with DPS.
* In 2018, the deceased signed a new sole tenancy.
* consequently at that point the previous joint tenancy ended.
* as the joint tenancy ended in 2018, the deposit should have been returned at that time to one or both of the two joint tenants. That did not happen
* a new deposit should then have been taken from the sole tenant of the new tenancy, and registered. This did not happen.
The legal situation therefore is that:
1) the deposit held by DPS relates to the pre-2018 joint tenancy. The OP as one of the 2 joint tenants, should now reclaim it.
2) the replacement, post-2018 sole tenancy was set up without a deposit being taken. There is no deposit to be returned in relation to this tenancy.
Thus the issue of the Estate claiming the deposit does not arise, and nor does the complication of the Beneficiary being a minor.
The issue ofcourse would be that the deposit may well have 'been returned' on paper to the ex, who immediately used it for the new tenancy.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245K Work, Benefits & Business
- 600.6K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards