Need Help Landlord questions

Carl2510

Hi,

My Uncle died on Saturday, and we have cleared nearly everyone out of his flat he was renting, just got to get rid of clothing and it’s done, we have spoke to the landlord to meet us as we need a final meter reading for British Gas which is in the shop below his flat. He’s said we need to sort a few things out, now I’ve no clue if he owes him any money for rent.

Obviously we can’t get into his bank and take money out as that’s illegal. What happens in these situations, do we have to make sure the landlord gets his money or leave that Upto the bank to sort as I’ve already filled a form out for when someone has died so I’m guessing everything will be freezed.

could someone give me any advice on what he may ask of me I don’t want to be caught out by any questions.

thanks. 

greatcrested

Do your mean "cleared nearly everyone out" ?That makes you sound like a landlord evicting tenants, or a tenant evicting lodgers......

I guess you mean everything???

Your Uncle's tenancy did not end when he died. It continues and his Executers/Administrators are now responsible, with any rent due or debts/arrears coming from his Estate.

You (or more exactly, his Executers/Administrators - who is/are they?) need to establish:

* if his tenancy is in a fixed term and if so, till when?

* if there is a Break Clause in the contract, and is so what it says?

* whether the landlord is willing to agree to an 'Early Surrender' of the tenancy?

* if the tenancy is periodic ('rolling'), what the tenancy period dates are, so that you (sorry - his Executers/Administrators) can serve proper notice.

* whether his rent is up to date. Don't just take the LL's word if he says no, check bank statements etc.

* whether the property condition is as good as when he moved in (less fair wear & tear), and whether there was a detailed check-in inventory.

I suggest you check out the probate forum here, and also the many government web pages on the subject eg

https://www.gov.uk/when-someone-dies

https://www.gov.uk/applying-for-probate

and also

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Carl2510

greatcrested said:

Do your mean "cleared nearly everyone out" ?That makes you sound like a landlord evicting tenants, or a tenant evicting lodgers......

I guess you mean everything???

Your Uncle's tenancy did not end when he died. It continues and his Executers/Administrators are now responsible, with any rent due or debts/arrears coming from his Estate.

You (or more exactly, his Executers/Administrators - who is/are they?) need to establish:

* if his tenancy is in a fixed term and if so, till when?

* if there is a Break Clause in the contract, and is so what it says?

* whether the landlord is willing to agree to an 'Early Surrender' of the tenancy?

* if the tenancy is periodic ('rolling'), what the tenancy period dates are, so that you (sorry - his Executers/Administrators) can serve proper notice.

* whether his rent is up to date. Don't just take the LL's word if he says no, check bank statements etc.

* whether the property condition is as good as when he moved in (less fair wear & tear), and whether there was a detailed check-in inventory.

I suggest you check out the probate forum here, and also the many government web pages on the subject eg

https://www.gov.uk/when-someone-dies

https://www.gov.uk/applying-for-probate

and also

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Yes I meant everything, I will try and find out what his contract is with the landlord tomorrow when I see him. His accounts are frozen so when I get the death certificate I will hopefully be able to sort the money he has left which thankfully there is some so should be able to pay off whatever needs paying.

Personally the property is not in good condition there is mould everywhere I shall take pictures when I get in the flat.

princeofpounds

Are you the executor of the estate?

Carl2510

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

Comms69

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No it means, in his will who is executor?

greatcrested

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No. You need to read the links I provided, and learn what needs doing, by who, when someone dies.

If there's a will, it will name the Executer(s). As well as who inherits.

If there's no will, someone (yes, usually next of kin) has to apply to the Probate Ofice to act as Administrator. But anyone can apply. Who inherits is governed by the Rules of Intestacy here.

Death Certificate will not allow transfer/sale of the property - you'll need a Grant Of Probate.

Death Certificate may allow access to bank accounts, if the balance is low. Depends on the bank. If not, they'll want to see the Grant of Probate.

You need to do a lot of reading. Fast. There's tons of info on the web. Use Duckduckgo.

Carl2510

Comms69 said:

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No it means, in his will who is executor?

I don’t think he had a will. 

greatcrested

Carl2510 said:

Comms69 said:

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No it means, in his will who is executor?

I don’t think he had a will. 

Well you need to find out!

Carl2510

greatcrested said:

Carl2510 said:

Comms69 said:

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No it means, in his will who is executor?

I don’t think he had a will. 

Well you need to find out!

I will be doing but I can’t until I get the death certificate so I can go to the bank and speak to them.

greatcrested

What makes you think the bank will have the will?

It is more likely to be either

* somewhere amongst your uncle's papers

* held securely by his solicitor/will writer

* lodged with the Probate Office

But to make a will he would have had to get the agreement of the Executers first, so speak to all his relatives, and friends (yes, some people name friends as executers) and ask if they agreed to act as his Executer. Or he may have named the solicitor/will writer who drew up the will for him to also be his Executer, so look for letters/paperwork naming any solicitor/will writer.

Also note, even if his bank balance is below whatever that bank's threshold is, they are unlikely to unlock his account for you - after all, how do they know you are entitled to have access to his money? Just because you prove he's dead does not mean any old Tom !!!!!! or Harry can access his cash! That's why you need to show them

* the will, naming the Executer or

* Grant of Probate, or

* Letters of Administration from the Probate Office, if here's no will