Need Help Landlord questions

hazyjo

macman said:

OP, any debts owing, rent or otherwise, are paid out of the assets of the estate. But you cannot start paying out any debts until probate has been granted. If the LL is owed money, then they will need to form an orderly queue with everyone else until the assets and liabilities are clear.

Only if there's enough money in the estate. Reasonable funeral costs take priority. We didn't need probate for my FIL as there wasn't enough money in the estate.

This may or may not be relevant, but prob worth mentioning for clarification purposes.

Marvel1

You need to get onto the death forum part, as if there are debts and not enough to pay it off, it's best to not touch anything and walk away.

Carl2510

For one we don’t have a family lawyer, two he doesn’t own the flat, and I’ve checked his pension he got it all out a few months ago and has spent over half of it already. So there is some left but not a lot, I know him pretty well, he is most likely not to have a will, end of the day he didn’t think he’d be dead and didn’t plan on dying soon. I’ve checked his paperwork there is nothing apart from his wages and as I’ve already said old solicitor paperwork from some offences back in 2012. 

The only place I can think that would if he has a Will is his bank as they also own part of the pension scheme. But it is highly unlikely so yes I will be applying for probate at some point. The death certificate will be in the post today coming to my house. 

He may have some rent he needs to pay. And probably a gas bill. But other than that I don’t know of any other debts.

Comms69

Carl2510 said:

For one we don’t have a family lawyer, two he doesn’t own the flat, and I’ve checked his pension he got it all out a few months ago and has spent over half of it already. So there is some left but not a lot, I know him pretty well, he is most likely not to have a will, end of the day he didn’t think he’d be dead and didn’t plan on dying soon. I’ve checked his paperwork there is nothing apart from his wages and as I’ve already said old solicitor paperwork from some offences back in 2012. 

The only place I can think that would if he has a Will is his bank as they also own part of the pension scheme. But it is highly unlikely so yes I will be applying for probate at some point. The death certificate will be in the post today coming to my house. 

He may have some rent he needs to pay. And probably a gas bill. But other than that I don’t know of any other debts.

That's ofcourse the important part. Council tax? Mobile phones? Credit cards? Car payments? - it all adds up. 

Socajam

Carl2510 said:

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.

Having mold and not in good condition is irrelevant, your uncle still have a contract with the landlord and rent may be due.
If I were you, I would approach the landlord with a different attitude.
Your attitude could determine whether he gives you a break on the contract or not.

Carl2510

Comms69 said:

Carl2510 said:

For one we don’t have a family lawyer, two he doesn’t own the flat, and I’ve checked his pension he got it all out a few months ago and has spent over half of it already. So there is some left but not a lot, I know him pretty well, he is most likely not to have a will, end of the day he didn’t think he’d be dead and didn’t plan on dying soon. I’ve checked his paperwork there is nothing apart from his wages and as I’ve already said old solicitor paperwork from some offences back in 2012. 

The only place I can think that would if he has a Will is his bank as they also own part of the pension scheme. But it is highly unlikely so yes I will be applying for probate at some point. The death certificate will be in the post today coming to my house. 

He may have some rent he needs to pay. And probably a gas bill. But other than that I don’t know of any other debts.

That's ofcourse the important part. Council tax? Mobile phones? Credit cards? Car payments? - it all adds up. 

Council tax was direct debit so seems ok, no car payments and the credit card he had was in his mums name my nans so she is already paying that off.

ive never rented before so I don’t know any of his rights so I just don’t want to go tomorrow and have this landlord saying I need this I need that.

Comms69

Carl2510 said:

Comms69 said:

Carl2510 said:

For one we don’t have a family lawyer, two he doesn’t own the flat, and I’ve checked his pension he got it all out a few months ago and has spent over half of it already. So there is some left but not a lot, I know him pretty well, he is most likely not to have a will, end of the day he didn’t think he’d be dead and didn’t plan on dying soon. I’ve checked his paperwork there is nothing apart from his wages and as I’ve already said old solicitor paperwork from some offences back in 2012. 

The only place I can think that would if he has a Will is his bank as they also own part of the pension scheme. But it is highly unlikely so yes I will be applying for probate at some point. The death certificate will be in the post today coming to my house. 

He may have some rent he needs to pay. And probably a gas bill. But other than that I don’t know of any other debts.

That's ofcourse the important part. Council tax? Mobile phones? Credit cards? Car payments? - it all adds up. 

Council tax was direct debit so seems ok, no car payments and the credit card he had was in his mums name my nans so she is already paying that off.

ive never rented before so I don’t know any of his rights so I just don’t want to go tomorrow and have this landlord saying I need this I need that.

But at the minute, right now, rent is being added on. A tenancy continues until it's formally ended. It's likely at least 1 additional months rent will be due, potentially upto 2. The attitude you attend with might mean the landlord agrees to a surrender and then obviously once the relevant paperwork is received, no more rent is due; maybe even forgives some of the debt. Or gets awkward and claims substantial sums from the estate. 

Carl2510

Comms69 said:

Carl2510 said:

Comms69 said:

Carl2510 said:

For one we don’t have a family lawyer, two he doesn’t own the flat, and I’ve checked his pension he got it all out a few months ago and has spent over half of it already. So there is some left but not a lot, I know him pretty well, he is most likely not to have a will, end of the day he didn’t think he’d be dead and didn’t plan on dying soon. I’ve checked his paperwork there is nothing apart from his wages and as I’ve already said old solicitor paperwork from some offences back in 2012. 

The only place I can think that would if he has a Will is his bank as they also own part of the pension scheme. But it is highly unlikely so yes I will be applying for probate at some point. The death certificate will be in the post today coming to my house. 

He may have some rent he needs to pay. And probably a gas bill. But other than that I don’t know of any other debts.

That's ofcourse the important part. Council tax? Mobile phones? Credit cards? Car payments? - it all adds up. 

Council tax was direct debit so seems ok, no car payments and the credit card he had was in his mums name my nans so she is already paying that off.

ive never rented before so I don’t know any of his rights so I just don’t want to go tomorrow and have this landlord saying I need this I need that.

But at the minute, right now, rent is being added on. A tenancy continues until it's formally ended. It's likely at least 1 additional months rent will be due, potentially upto 2. The attitude you attend with might mean the landlord agrees to a surrender and then obviously once the relevant paperwork is received, no more rent is due; maybe even forgives some of the debt. Or gets awkward and claims substantial sums from the estate. 

Will the landlord have some sort of contract draw up?

Comms69

Carl2510 said:

Comms69 said:

Carl2510 said:

Comms69 said:

Carl2510 said:

For one we don’t have a family lawyer, two he doesn’t own the flat, and I’ve checked his pension he got it all out a few months ago and has spent over half of it already. So there is some left but not a lot, I know him pretty well, he is most likely not to have a will, end of the day he didn’t think he’d be dead and didn’t plan on dying soon. I’ve checked his paperwork there is nothing apart from his wages and as I’ve already said old solicitor paperwork from some offences back in 2012. 

The only place I can think that would if he has a Will is his bank as they also own part of the pension scheme. But it is highly unlikely so yes I will be applying for probate at some point. The death certificate will be in the post today coming to my house. 

He may have some rent he needs to pay. And probably a gas bill. But other than that I don’t know of any other debts.

That's ofcourse the important part. Council tax? Mobile phones? Credit cards? Car payments? - it all adds up. 

Council tax was direct debit so seems ok, no car payments and the credit card he had was in his mums name my nans so she is already paying that off.

ive never rented before so I don’t know any of his rights so I just don’t want to go tomorrow and have this landlord saying I need this I need that.

But at the minute, right now, rent is being added on. A tenancy continues until it's formally ended. It's likely at least 1 additional months rent will be due, potentially upto 2. The attitude you attend with might mean the landlord agrees to a surrender and then obviously once the relevant paperwork is received, no more rent is due; maybe even forgives some of the debt. Or gets awkward and claims substantial sums from the estate. 

Will the landlord have some sort of contract draw up?

What do you mean? There is already a contract.

Carl2510

Comms69 said:

Carl2510 said:

Comms69 said:

Carl2510 said:

Comms69 said:

Carl2510 said:

For one we don’t have a family lawyer, two he doesn’t own the flat, and I’ve checked his pension he got it all out a few months ago and has spent over half of it already. So there is some left but not a lot, I know him pretty well, he is most likely not to have a will, end of the day he didn’t think he’d be dead and didn’t plan on dying soon. I’ve checked his paperwork there is nothing apart from his wages and as I’ve already said old solicitor paperwork from some offences back in 2012. 

The only place I can think that would if he has a Will is his bank as they also own part of the pension scheme. But it is highly unlikely so yes I will be applying for probate at some point. The death certificate will be in the post today coming to my house. 

He may have some rent he needs to pay. And probably a gas bill. But other than that I don’t know of any other debts.

That's ofcourse the important part. Council tax? Mobile phones? Credit cards? Car payments? - it all adds up. 

Council tax was direct debit so seems ok, no car payments and the credit card he had was in his mums name my nans so she is already paying that off.

ive never rented before so I don’t know any of his rights so I just don’t want to go tomorrow and have this landlord saying I need this I need that.

But at the minute, right now, rent is being added on. A tenancy continues until it's formally ended. It's likely at least 1 additional months rent will be due, potentially upto 2. The attitude you attend with might mean the landlord agrees to a surrender and then obviously once the relevant paperwork is received, no more rent is due; maybe even forgives some of the debt. Or gets awkward and claims substantial sums from the estate. 

Will the landlord have some sort of contract draw up?

What do you mean? There is already a contract.

Like will him and my uncle of had a contract at the start of tenancy, so for me to find out if it’s a rolling one or not he will be able to give me a copy?