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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To not meet dead dad's landlord

89 replies

Volcanoes3 · 29/03/2021 16:50

My dad died last monday unexpectedly. The ambulance broke the door to get in.

My dad lived in a privately rented flat since I was a teenager. I am now late 20s. As far as im aware the landlord has not checked on the property in that time. The land lord has been a bit funny with me so far (via phone and email), saying it was my responsibility to take over the tenancy as next of kin but he was willing to just take a months rent as a "goodwill gesture". He later decided that I didn't have to pay the month rent as he has another tenant that wants to move in as soon as he has decorated the place. He has also said I am responsible to pay for the broken door.

However:
The tenancy was with my dad, no agreement was ever made with me.
My dad paid a deposit which should cover the broken door.
The landlord should have insurance to pay for the broken door.

My dad was on benefits I doubt there is any money in his bank account.

I really don't want to go and meet the landlord, "to do end of tenancy paperwork and carry out a property check" because its not my tenancy, and I feel it would be too upsetting for me right now. Someone I know who is an older (than me) man has agreed to go at the arranged time to hand over the keys. Is this okay?

I figure if my dad didn't have any relatives, not only would the landlord still have had to pay for the door, he also would have to have emptied the flat (which 3 people have spent 5 days doing), so the landlord should be pleased we have done that.

OP posts:

Wanderlust20 · 29/03/2021 16:52

I'm so sorry for your loss! That would upset me too, I don't think you're liable but maybe someone with more legal knowledge than me can answer

Mylovelyhorsee · 29/03/2021 16:53

Sorry for your loss, The landlords just chancing his arm. Tell him to get the costs from the deposit, I can’t see how you are responsible at all.

PegasusReturns · 29/03/2021 16:55

Sorry for your loss. You don’t owe the landlord anything.

Flowerlane · 29/03/2021 16:55

Sorry for your loss I would ignore the landlord completely it’s nothing to do with you you are not on the tenancy or a guarantor.

The broken door can be taken out of the deposit that’s what it’s there for.

thecatneuterer · 29/03/2021 16:56

Sorry for your loss and he's taking the piss! Tenancies (and debts) don't pass to relatives. Ignore completely on that score. You may of course want to clear out your dad's belongings, in which case you need to make him aware. Don't give him any money though!

Merryoldgoat · 29/03/2021 16:56

It’s nothing to do with you at all. He’s trying it on.

Sorry for your loss OP

UnsolicitedDickPic · 29/03/2021 16:56

Unless you're named in some way as a guarantor of your DFs rent, I think the landlord is chancing it on the off-chance you'll be intimidated/too grief-stricken to resist and will capitulate.

I'm sorry for your loss, OP.

Rememberallball · 29/03/2021 16:57

So sorry for your sudden loss.

My only concern with someone not doing an end of tenancy check out with the landlord is that he could try and claim all sorts of problems and try to make a claim for damages in excess of any deposit on your dad’s (from what you say) non existent estate. By doing a check out there is proof of the condition of the property, any fixtures and fittings and the cleanliness.

VettiyaIruken · 29/03/2021 16:58

Sorry for your loss.

The landlord is full of shit.
He isn't entitled a penny from you.
If your dad's estate has nothing - he gets nothing!

anniegun · 29/03/2021 16:59

The liability will be with your Dads estate. However if you right and there is not enough money to cover any debts then the landlord will not get any money owed. It is definitely not your problem

vivariumvivariumsvivaria · 29/03/2021 17:01

The landlord is a scumbag. This is an appalling way to treat someone who has been suddenly bereaved.

Sorry for your loss, hope you are taking good care of yourself and can get someone to do the end of tenancy so you don't have to deal with the horrible landlord.

DPotter · 29/03/2021 17:01

for you Volcano

I think you're absolutely right. As long as you're not signed up as a guarantor, the flat isn't your problem.

Companies do try it on with bereaved families. I know a bank tried to guilt my parents into paying back a loan an deceased uncle had taken out just before he died.

I think it's perfectly fine for someone else to hand back the keys. I know it's very distressing having to sort out someone's belongings so soon after they have died.

If there's any money left in your dad's estate once probate has gone through (which I believe is taking ages at the moment) there is an order in which creditors get paid - Tax & undertakers and then everyone else fights over what's left. If he starts demanding money for any damage - don't pay. Not your problem. Unfortunate for the LL but that's the way the cookie crumbles.

Aquamarine1029 · 29/03/2021 17:01

I am very sorry about your father. This landlord is a fucking liar and is trying to take advantage of you. You are not responsible for a single thing. Ignore him completely and report him to the police for harassment if you need to. Do not be intimidated by this horrible man.

CovidCorvid · 29/03/2021 17:01

Ask the landlord which official deposit scheme your dad’s deposit was in....bet he goes very quiet.

Fluffyandsilly · 29/03/2021 17:02

The landlord sounds like a total prick. I"m sorry for the loss of your Dad @Volcanoes3

Tigerchips · 29/03/2021 17:02

"Ask the landlord which official deposit scheme your dad’s deposit was in....bet he goes very quiet."

Probably

ILikeTheWineNotTheLabel · 29/03/2021 17:03

Sorry to hear about your dad

The landlord is being appalling, I think you are right to avoid him, he sounds like an absolutely reprehensible person.

You’ve no liability here and it’s best for you that you don’t have to deal with that poor excuse for a human being.

1Morewineplease · 29/03/2021 17:04

Sorry for your loss. It's really hard for families who have lost someone who lived in rented property as landlords want to turn the property around very quickly whereas , homeowners' families can usually deal with all of this at an appropriate moment.

I don't know the law/rules re rental properties but I'm pretty sure that you should not have to pay for the door.
I also don't believe that you need to take over the tenancy, either.
Had you father not had any family, then the landlord would just have to 'deal with it' anyway.

Hopefully you'll get some sound advice soon.

💐

AdaColeman · 29/03/2021 17:06

I can't see that you would be liable for the damage to the flat's door. The deposit and the landlord's own insurance should cover this.

But why not report this post to MNHQ and ask for it to be moved to the "Legal Matters" board, where you will get some knowledgeable advice.

So sorry for the loss of your Dad @Volcanoes3.

CarefulNoww · 29/03/2021 17:06

The LL is being an absolute cunt and is trying it on.

You're not legally obligated to pay anything whatsoever.

greeneyedlulu · 29/03/2021 17:08

Sorry for your loss. The landlord is being a dick, its nothing to do with you as your name is not on any contracts etc

costco · 29/03/2021 17:08

Just one proviso: if you are in Germany the law is slightly different. however, even there, the deposit is for exactly that purpose. The only thing there (in Germany) isi that if you want to have any of your dad's things you would officially have to pay his debts, but obviously if you have a key you can just go and ("unofficially") get the things you want then let it all go through probate.

Alsohuman · 29/03/2021 17:10

So sorry you’ve lost your dad 💐

The landlord’s being an absolute arsehole. The broken door is what his insurance is for. It’s great that you’ve got someone else to hand the keys over to him and that you never have to be in contact with him again. What on earth is wrong with people that they give someone newly bereaved a hard time?

TulipFields · 29/03/2021 17:15

What a kind man Did he offer any condolences at all? Agree re deposit/insurance

Newkitchen123 · 29/03/2021 17:15

Pity you can't meet the new tenant and fill them in on what a nice landlord he is.
So sorry for your loss

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