Landlord has died with no NoK

km1500

I sort of disagree with 'keep paying the rent' - on death normally bank accounts are frozen and you don't want to get involved 18 months down the line with an executor who claims the rent payments never arrived etc

user1977

km1500 said:

I sort of disagree with 'keep paying the rent' - on death normally bank accounts are frozen and you don't want to get involved 18 months down the line with an executor who claims the rent payments never arrived etc

I don't think "frozen" for probate purposes means credits get bounced? But anyway, I don't see any harm in keeping hold of the rent until you know who is dealing.

theartfullodger

See similar advice from the experts in renting.

https://england.shelter.org.uk/housing_advice/private_renting/what_happens_if_your_landlord_dies?gad_source=1&gclid=CjwKCAiAxKy5BhBbEiwAYiW--9oy22C4gOEA2TyeILR4mHtr_sawDo64WEd-pwK8xb6Q1GZVh39XExoCK34QAvD_BwE

Is this England?

RHemmings

theartfullodger said:

See similar advice from the experts in renting.

https://england.shelter.org.uk/housing_advice/private_renting/what_happens_if_your_landlord_dies?gad_source=1&gclid=CjwKCAiAxKy5BhBbEiwAYiW--9oy22C4gOEA2TyeILR4mHtr_sawDo64WEd-pwK8xb6Q1GZVh39XExoCK34QAvD_BwE

Is this England?

It says the following about repairs:

Repairs

The person who manages your tenancy must make sure repairs are done.

If there is no will, nobody has to do repairs until the relatives have sorted out a personal representative to deal with the landlord's estate.

You should still let someone know if urgent repairs are needed.

That's not so useful in this case because the OP doesn't have anyone to notify.

Personally I would agree that paying for repairs out of the rent is reasonable. But, legal precedents would be far, far, more informative.

Section62

user1977 said:

km1500 said:

I sort of disagree with 'keep paying the rent' - on death normally bank accounts are frozen and you don't want to get involved 18 months down the line with an executor who claims the rent payments never arrived etc

I don't think "frozen" for probate purposes means credits get bounced? But anyway, I don't see any harm in keeping hold of the rent until you know who is dealing.

They don't.  In my own recent experience the bank will probably continue to operate the account normally until they are formally notified of the death (including having sight of a death certificate).  If there are payments due to the estate through the banking system they will be processed normally - AFAIK until the account is actually closed.

If the account is 'frozen' for incoming payments then they would be bounced back to the OP - and it shouldn't be difficult to evidence which payments were made and not returned vs those (if any) that were returned.

RHemmings

This isn't very helpful either, as the OP cannot follow the recommended steps in order to claim costs for repairs from future rent. 

(For England)

https://www.citizensadvice.org.uk/housing/repairs-and-housing/repairs-and-housing-conditions/renting-from-the-council-or-a-housing-association/withholding-rent-because-repairs-havent-been-done/

km1500

Just saying - I personally would be wary of paying ongoing monthly rent into the account of a deceased person - especially if it didn't bounce back!

YoungBlueEyes

I'm not an expert/tenant/LL but I would stay put and keep paying the rent. If the LL's account was closed or the payments start bouncing back to you - at that point I'd be putting them to one side so you've got them to hand if/when you're asked for them. As for repairs if needed... would it be wise to sort those yourself and keep the receipts so you can be reimbursed at a later date? If it was me I'd want the boiler serviced annually etc so I'd know I was safe, whether it's technically my responsibility or not.

Section62

km1500 said:

Just saying - I personally would be wary of paying ongoing monthly rent into the account of a deceased person - especially if it didn't bounce back!

Why 'wary'?

If the account is the landlord's personal one then the funds in it will be an asset of the estate.  If money is paid to the account and doesn't bounce back then it is a reasonable assumption the rent due has been paid to the estate - and whoever ultimately has responsibility to administer the estate cannot falsely claim the rent hasn't been paid.

I'm not suggesting the OP has to continue paying rent to that account, just that the argument that payments should be stopped now (because the account will/might be 'frozen') doesn't appear to be based on fact.

Grizebeck

You certainly don't need to be going any where 
It could take years to resolve 
There other issue which may crop up is if its a leasehold flat and any ground rent/service charges  is due.  Although not your issue ( and not something I know about but could it be an additional issue?)