Rent Deposit Scheme - Deceased

CaesandMarms

Hi all,

I have posted this in another forum and was directed over here.

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. They lived together for a number of years, but not in the year preceding his death. I am trying to establish whether they were both on the agreement, so scenarios if they were joint tenants and if they were not joint tenants would be appreciated


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?

Many thanks in advance,

lisyloo

If they were joint tenants I’d expect them to pay the deposit back to her, so the fact that they won’t would lead me to suspect she is not on the tenancy agreement.

If it is indeed solely his tenancy and they are saying they won’t release without a grant of representation/letters of administration then that would need to be obtained.

I presume someone has removed his belongings so that the rent is not accruing?
It might be worth finding out what is due after notice, cleaning, damage are taken into account before paying for any grant/letters.

CaesandMarms

They were joint tenants, but as I understand it, the deposit was registered into the DPS in his name only,


His family are unwilling to obtain the necessary authorisation to administer the estate and this is likely to be the only asset. None of the monies are being withheld due to repairs or overdue rent, it is simply deciphering whom the deposit would be paid back to.


Can she appeal to the trustees of the DPS to get the monies paid to Next of Kin (i.e her son) and if not, what happens to the monies held by the DPS?

silvercar

The other thread on this topic can be found here:

https://forums.moneysavingexpert.com/discussion/6031273/rent-deposit-scheme-deceased