Forced to pay arrears on flat at auction is there anything I can do?

Norman_Castle

Smithie_2 said:

 Our solicitor gave us no choice the pre-sales pack said that we were liable for any arrears did not give the amount.

Hate to say it but you should have asked about the arrears. Is there any value in the abandoned car?
It is odd the landlord waited 3 years, is it possible the rent was being paid automatically through a bank account which once emptied the landlord may have had to get a possession order to regain possession of the property. Rent would still be due after the tenants death with the expectation it would be paid from his estate. This would be due until the property was handed back to the landlord. The landlord may have had no idea the tenant had died until recently.

TripleH

You paid money for the flat.

That money must have gone somewhere even if to a government holding account for the estate of Mr ...

I understand the landlord wanting their arrears and this guarantees that. What however is stopping you lodging a claim against the deceased's estate?

This is not a new debt, just a new debtor if you are fobbed off initially. Contact the Auction House and ask for the details of the executors maybe?

RFW

TripleH said:

I understand the landlord wanting their arrears and this guarantees that. What however is stopping you lodging a claim against the deceased's estate?

There's nothing stopping them making a claim but as I see it the OP isn't the debtor (even though they paid the debt), so I can't see, even if there is money in the estate, that a judge would award them the case. There's a cost/reward gamble in taking out a claim and, even if successful, a lot of hurdles to get any money back.

GabbaGabbaHey

Smithie_2 said:

Our solicitor said [...] I just want to know if [...]? 

If you don't trust the advice which your solicitor has given you, then asking a bunch of strangers on an internet forum may not be the best way forward.

Either accept your solicitor's advice, or dump them and engage a solicitor that you do trust.

peb

We can't advise you without sight of the legal pack supplied and the contract.   Unfortunately frequently people buy at auction THEN ask their lawyer to check the title.

Non payment of rent certainly will allow the lease to be withdrawn and it's not unusual for service charge to be included as rent.  The. Freeholder or management will have been notified of the death of the lessee but will have been obliged to continue serving notice.  They'll have known it would have to have been dealt with on a resale