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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:

RB68 · 29/03/2021 17:15

Technically your Dads estate owns the tenancy if it is a shorthold assured tenancy - if its rolling then its one month only if its different - take advice. THe estate of your Dad needs to pay for the door - you need to find out if he has a will, if he has then you need to get an original copy and a copy of the death certificate to be able to deal on your Dads behalf IF YOU are the executor. If he has no will then you need to apply for a grant of letters. In terms of his benefits etc you need to do a "tell us once" on line so people like council tax and benefits/pensions etc are informed of his death and can work out what is owed to whom. You need to empty the flat of your Dads belongings which are also the property of the estate - If you don't want them sell them to pay for all the bits and bobs that are needed when someone dies or to pay for the repairs etc. I suggest googling what to do when someone dies - you do not have to pay for anything and anything you do pay for is chargeable to the estate if there is anything. Being Next of Kin doesn't make you liable for debts at all. If your Dad has no money you will also want to look at the Council Funerals Policy unless you or other relatives want to pay - cost is often in the region of 3.5K to 10K depending on what services are wanted etc

RB68 · 29/03/2021 17:16

The landlord is right to treat it as an end of tenancy no matter how upset you are but its OK to send someone else who can maybe call you etc.

DogsSausages · 29/03/2021 17:18

He is trying it on, unfortunately I know from experience that insurance companies dont always pay out for a new door if it was entered in an emergency, the police may have been contacted to allow the ambulance crew to gain access. The ll needs to contact the police for a incident number. Dont get involved, you are not on the Lease and have no responsibility for any bills.

DimidDavilby · 29/03/2021 17:19

Outrageous. Threaten to report him the cheeky cunt.

Sorry for your loss op

thecatneuterer · 29/03/2021 17:21

@Rememberallball

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.

Well I doubt the LL is going to give back any deposit to the estate anyway - and he can't claim anything from the estate if there is no value in the estate - so I wouldn't bother with that unless the OP wants to for any other reason.

Miasicarisatia · 29/03/2021 17:22

So sorry for your loss OP
how vile of the landlord to try and exploit you at a time like this
he doesnt have a leg to stand on, please dont be intimidated by him

Teardrop2021 · 29/03/2021 17:23

What a vile human so sorry for your loss if his behaviour continues report him for harassment.

MadMadMadamMim · 29/03/2021 17:23

Agree with all the others that landlord is trying it on. You have no responsibility to pay anything.

And he's an utter disgrace to be contacting you about this after you've just lost your dad.

Miasicarisatia · 29/03/2021 17:23

You need to empty the flat of your Dads belongings which are also the property of the estate
whilst she may want to do this I dont think she has any obligation to do anything?

DishingOutDone · 29/03/2021 17:24

Try the Shelter live chat facility takes a while to get on it but great free legal advice also there’s a really good Facebook group called Tenancy Matters the admins are very knowledgeable and they answer the questions posted. Also obvs agree with what everyone else had said he’s a chancer.

TheFiend · 29/03/2021 17:24

Sorry for your loss

Don’t engage with him any further and if he does persist in calling you, tell him you’ll get your lawyer to call him. It’s absolutely disgusting he’s pestering you at a time like this.

Does anyone know if this can be reported? Surely landlords can’t pester next of kin after death like this. It’s despicable

Alsohuman · 29/03/2021 17:27

THe estate of your Dad needs to pay for the door

I’m pretty sure it doesn’t.

SchadenfreudePersonified · 29/03/2021 17:30

I'm very sorry for your loss. This must have been very traumatic for you, and the LL is an arse.

You are not responsible for any debts incurred by your father. Not to the LL, nor to anyone else. If he has any estate, any creditors may be able to call on this, but TBH I would think the LL is on a hiding to nothing, and that even if he had to replace the door it would be covered by either his insurance or the deposit (which should more than cover it - in fact there should be some of that money coming back to you, but I think you will be bliddy lucky to see any of that!)

NailsNeedDoing · 29/03/2021 17:35

Your dads estate should pay for the door, if there’s anything left after it’s paid for the funeral.

I can’t see why the landlord is being called a chancer, why would he expect to pay for the door himself? It wasn’t his fault and the door being broken is not for his benefit.

SchadenfreudePersonified · 29/03/2021 17:41

He was initially expecting the OP to take over the tenancy - that's why he's a chancer.

It wasn't OP's fault, or the fault of the deceased, that the poor man died, either. It is a risk for landlords - rare, but a risk.

FortniteBoysMum · 29/03/2021 17:42

The landlord is trying to pull a fast one. Don't give him a penny. The deposit should cover it or insurance if his not got it that's his fault for spending the deposit as given the time it probably went to him back then. You never signed to be a guarantor so you are not liable for costs. Go in and get any of your dad's possessions you wish to keep then leave the rest to the landlord.

TobiGus · 29/03/2021 17:43

Sounds like the landlord is trying his arm. You do not automatically become legally responsible for your Dad's tenancy. After someone passes away anything owed is owed by their estate and like you say his deposit would have covered the cost of the door. I would try and get some legal advice from Citizens Advice Bureau if you can. I think it's perfectly reasonable to send someone in your stead to meet with the landlord to settle the key etc. You shouldn't be expected to do this so soon after your Dad's passing and don't allow yourself to be bullied into anything when you're emotional fragile if he tries to contact again just tell him you're getting legal advice and leave it at that hopefully it sounds like it will resolve itself though and if he wants to take the deposit for the door so be it so it can give you peace of mind. So sorry for your loss

GhostCurry · 29/03/2021 17:44

@RB68

The landlord is right to treat it as an end of tenancy no matter how upset you are but its OK to send someone else who can maybe call you etc.

Hating the tone of your posts, RB68

Shmithecat2 · 29/03/2021 17:45

@NailsNeedDoing

Your dads estate should pay for the door, if there’s anything left after it’s paid for the funeral.

I can’t see why the landlord is being called a chancer, why would he expect to pay for the door himself? It wasn’t his fault and the door being broken is not for his benefit.

Because he told her, as next of kin, she has to take over the tenancy, which is absolute bollocks. And that she was liable for the broken door, which is also bollocks. Not only is he a chancer, he's a fucking liar.

Etinox · 29/03/2021 17:47

@vivariumvivariumsvivaria

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.

This^ I’m sorry for your loss and admire your common sense.

Shmithecat2 · 29/03/2021 17:48

to you OP. I suggest that you ask @MNHQ to move this to legal matters. That might help reduce the amount of tosh some people are spouting.

Insomnia5 · 29/03/2021 17:51

For a start you are not liable for any rent. His contract was with you, not your dad. Also I’m assuming that your dad paid some sort of deposit for the apartment. If the landlords not mentioned it then there’s a chance he’s planning on keeping your dads money, plus billing you for things you don’t have to pay. I’d message the landlord that you’ve sought legal advice and if he carries on harassing you for money then you’ll press charges for harassment

ForwardRanger · 29/03/2021 17:53

You need to empty the flat of your Dads belongings which are also the property of the estate

The OP explained this has already been done.

readsalotgirl63 · 29/03/2021 17:54

Suggest you ensure your dad's mail is redirected. Sorry for your loss.

KnottedFern · 29/03/2021 17:57

I am so sorry for your loss OP. The landlord is full of shit. Everything he's said is false.

Also to the posters saying OP fathers estate has to pay for a new door is utter bollocks.

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