Query over rent arrears (private landlord)

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
15 replies 1.9K views
Lann76Lann76 Forumite
6 Posts
edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
Hello. I'm new to the forum and looking for guidance please if any of you can help me?
I lost my father in Dec 2017, he died following a long illness but left no will. He's no property but had 2 insurance policies and a small amount of money in his bank. Because he wasn't married (we lost my mum 15 years ago) his partner wasn't next of kin and it fell to me to deal with claiming policies and closing the bank account. The insurance money was claimed and paid the funeral expenses plus there was £1000 left over which I gave to his partner because she was named in the policy as 100% beneficiary. His bank contacted me to close his account which I did and transferred the money to my own account as next of kin and only child.
His partner seemed to take offense to this and said they were 3 months in rent arrears so that money will be needed to cover this debt which I confirmed would be paid if it was proven it is my dad's debt.
The landlord got in touch but can't prove to me or confirm what months the arrears are from. They've now told me it will be placed into the hands of a solicitor because I'm refusing to clear the £1500 debt until I'm shown details of the missing payments.
CAB told me today to contact the landlord again and request proof of non payment but is that all I can do?
Thank you in advance
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Replies

  • getmore4lessgetmore4less Forumite
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    Who was on the tenancy agreement?
  • Both my dad and partner as far as I'm aware. She is still occupying the property and plans to stay there I hear.
  • Yorkshireman99Yorkshireman99 Forumite
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    Lann76 wrote: »
    Hello. I'm new to the forum and looking for guidance please if any of you can help me?
    I lost my father in Dec 2017, he died following a long illness but left no will. He's no property but had 2 insurance policies and a small amount of money in his bank. Because he wasn't married (we lost my mum 15 years ago) his partner wasn't next of kin and it fell to me to deal with claiming policies and closing the bank account. The insurance money was claimed and paid the funeral expenses plus there was £1000 left over which I gave to his partner because she was named in the policy as 100% beneficiary. His bank contacted me to close his account which I did and transferred the money to my own account as next of kin and only child.
    His partner seemed to take offense to this and said they were 3 months in rent arrears so that money will be needed to cover this debt which I confirmed would be paid if it was proven it is my dad's debt.
    The landlord got in touch but can't prove to me or confirm what months the arrears are from. They've now told me it will be placed into the hands of a solicitor because I'm refusing to clear the £1500 debt until I'm shown details of the missing payments.
    CAB told me today to contact the landlord again and request proof of non payment but is that all I can do?
    Thank you in advance
    With the best of intentions you have unfortunately what is known technically as "intermeddled" in the estate and my have left yourself open to paying the debt.yourself. You should have applied for letters of administration so that the assets and liabilities of the estate could be dealt with. Depending on the tenancy agreement the other tenant may be liable for the arrears. The landlord has to provide proof beofre he is paid.
  • edited 29 January 2018 at 9:08PM
    Lann76Lann76 Forumite
    6 Posts
    edited 29 January 2018 at 9:08PM
    Thank you Yorkshireman99 - He's no property but I assume that by 'estate' that also refers to any money in the bank account? I had left it to his partner to sort out originally believing that she would have a say as to what went where but as I am next of kin and on his death certificate I was requested to claim the imsurance and officially.close the account. His partner froze it after withdrawing a small amount of funds but the bank would not allow her to close it. Should I apply for a letter of administration? I am the only child so I wasn't aware I would need to apply for anything legal or official.
  • Yorkshireman99Yorkshireman99 Forumite
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    Lann76 wrote: »
    Thank you Yorkshireman99 - He's no property but I assume that by 'estate' that also refers to any money in the bank account? I had left it to his partner to sort out originally believing that she would have a say as to what went where but as I am next of kin and on his death certificate I was requested to claim the imsurance and officially.close the account. His partner froze it after withdrawing a small amount of funds but the bank would not allow her to close it. Should I apply for a letter of administration? I am the only child so I wasn't aware I would need to apply for anything legal or official.
    "Estate" in this context means all his possessions including cash. Because there was no will and you are the only living close relative the entire estate belongs to you. You seem to have dealt with most things so LOA probably not applicable . Have you notified the DWP?
  • Keep_pedallingKeep_pedalling Forumite
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    Your father’s partner is carrying on the tenancy and should be responsible for paying any outstanding rent arrears.
  • JenniefourJenniefour Forumite
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    Lann76 wrote: »
    The insurance money was claimed and paid the funeral expenses plus there was £1000 left over which I gave to his partner because she was named in the policy as 100% beneficiary.

    If his partner was named as the 100% beneficiary of an insurance policy then she should have received the entire amount - any particular reason why she didn't? It shouldn't have formed part of the estate, and it shouldn't have been used to pay for the funeral.

    The other insurance policy - who was the nominated person on that one?

    I think YM is right. This might be an insolvent estate anyway, or near enough, as there clearly were not enough funds left to pay for the funeral and/or possible debt.
  • "Estate" in this context means all his possessions including cash. Because there was no will and you are the only living close relative the entire estate belongs to you. You seem to have dealt with most things so LOA probably not applicable . Have you notified the DWP?
    We used the Tell us once unique ref no so that's been done and takes care of anyone I believe paying him benefits, etc.
  • Jenniefour wrote: »
    If his partner was named as the 100% beneficiary of an insurance policy then she should have received the entire amount - any particular reason why she didn't? It shouldn't have formed part of the estate, and it shouldn't have been used to pay for the funeral.

    The other insurance policy - who was the nominated person on that one?

    I think YM is right. This might be an insolvent estate anyway, or near enough, as there clearly were not enough funds left to pay for the funeral and/or possible debt.

    He took out 2 policies years ago to cover the funeral knowing how expensive it is. His oartner was named on 1 policy as 100% beneficiary so I paid her the whole amount, its after covering the funeral she will have £1000 remaining.
    The landlord is yet to prove what is outstanding changing their story from 3 months in 2017 to 2 months 2017 and 1 month from 2016 and then when I queried the dates I was sent a 'written' list which doesnt tally to copy cheques I have which show amounts, dates and recipient.
  • silvercarsilvercar Forumite, Board Guide
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    If it is a joint tenancy then the partner is responsible for it all now.

    There is no his rent and her rent, only their rent. The tenancy is now hers along with any arrears that she may feel she needs to pay to keep the tenancy going and avoid eviction.

    As for the funeral costs, they normally come from the estate not from the beneficiary of a life assurance policy. So all the money from the policy should have gone to the named beneficiary and the funeral paid from the estate.

    It may be that your father trusted his partner to use the insurance policy payout to cover the funeral, but there is no obligation on her to do so.
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