Deceased Tenants Deposit

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    Deceased Tenants Deposit

    One of my tenants has died recently. I am told by the tenants brother that she had no other family and as such he should be paid the deposit. He says there is no will.

    Who should the deposit be paid to in these circumstances where someone has died and not left a will? The deposit isn't protected as the tenant has lived in the property prior to deposit protection coming in.

    Thanks

    #2
    Was the Deceased:
    a. a sole tenant; or
    b. a joint tenant with a surviving person?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Thanks for the quick reply Jeffrey. They were a sole tenant.

      Comment


        #4
        I'm not an expert here but you need to be careful. The deposit belongs to his estate. As such it due to any creditors first and only once all his debts have been paid then to his family.

        If the brother is correct he has died intestate and there are a raft of rules around this.

        If you give it to his brother and then a creditor appears e.g. a credit card company you may have a problem.

        Basically it really isn't your problem to solve - it should be paid to his estate which may be being handled by his brother, or not, this would be normally be a lawyer but doesn't need to be. It shouldn't be paid be direct to his brother's account.

        One answer could be that you pay it into the deceased tenant's bank account - if that is possible. The bank can then sort it out and they must deal with this sort of thing the whole time and you are off the hook as it has automatically been paid to his estate.

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          #5
          to whom to pay a deposit upon the death of a tenant

          Ask the brother to produce the letters of administration, this will specify the name of the personal representatives/executors to whom the moneys are due. (in my view)

          Comment


            #6
            Note that rent continues to run until the premises are cleared of the Deceased's belongings. The rent is a debt of his Estate.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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